Damage Property Domestic Violence Related

According to Section 195 of the Crimes Act, intentionally or recklessly destroying or damaging another person’s property is a criminal offense. The penalties depend on the severity of the case:

• Intentional or reckless damage to property: Maximum penalty of 5 years imprisonment.
• Damage caused by fire or explosives: Maximum penalty of 10 years imprisonment.
• Damage caused in collaboration with others: Maximum penalty of 6 years imprisonment.
• Damage by fire or explosives in collaboration with others: Maximum penalty of 11 years imprisonment.
• Damage committed during a public disturbance (e.g., riots, violent protests): Maximum penalty of 7 years imprisonment.
• Damage by fire or explosives during a public disturbance: Maximum penalty of 12 years imprisonment.

For a conviction, the prosecution must establish the following elements:

• You damaged or destroyed property.
• The property belonged to another person.
• You intentionally damaged the property or acted recklessly.

Possible legal defenses include:

• Duress or coercion (being forced to commit the act under threat)
• Self-defence
• Necessity (acting to prevent serious harm or danger)

Depending on the severity of the case, intentionally or recklessly damaging property can lead to various penalties. The maximum penalty for this offence is 12 years imprisonment.

If you intend to plead guilty, consulting a professional criminal defence team is essential to receive the best possible advice. We will work diligently to have your case heard in a lower court, which can result in a more lenient sentence.

Possible sentencing outcomes include:

• Dismissal of charges and conditional discharge (SECT 10)
• Conditional release orders (SECT 9)
• Community correction orders (SECT 8)
• Intensive correction orders (SECT 7)
• Custody (imprisonment)
• Fines and penalties