损坏财产家庭暴力相关

A person commits this offence if they intentionally or recklessly destroy or damage property belonging to another person, or property shared between them.

Property damage in the context of domestic violence involves intentional destruction or damage to property. Wilfully damaging property such as breaking windows, slashing tyres, or damaging an individual’s personal belongings carries a maximum penalty of 5 years imprisonment.

In more severe cases of domestic violence, damage to property includes arson, such as setting fire to a person’s property, which carries a maximum penalty of life imprisonment.

Destroying or damaging property is an offence under section 195(1) of the Crimes Act 1900 (NSW). The prosecution must prove that the person:

• Intentionally and recklessly damaged or destroyed property
• That the property was damaged or destroyed
• The property belonged to another person

It is important to note that individuals in a domestic relationship may have joint or shared ownership of property. Unless in special circumstances such as things that are specifically one person’s, for example a woman’s personal sanitary items.

Examples in a domestic violence context

• Breaking a partner’s phone or laptop
• Punching holes in walls or smashing furniture
• Damaging a car, clothing, or personal items
• Throwing objects to frighten or intimidate
• Burning or vandalising shared property

Even if the accused owns the property (for example a jointly owned car), damaging it during an argument or in a threatening context may still amount to an offence.

When Is It Domestic Violence Related?

A property damage offence becomes domestic violence related when the accused and the victim are in a domestic relationship, including:

• Spouses and de facto partners (current or former)
• Family members
• Intimate partners
• People who live together or share care responsibilities

When such an offence is reported, police will usually apply for a provisional Apprehended Domestic Violence Order (ADVO) to protect the victim and prevent further contact or property interference.

To convict someone of this offence, the prosecution must prove beyond reasonable doubt that:

• The accused destroyed or damaged property
• The damage was done intentionally or recklessly
• The property belonged to another person (or was co-owned)
• The incident occurred within a domestic relationship
• The accused had no lawful excuse or justification

Common defences include:

• Accident – the damage was unintentional and occurred without recklessness
• Ownership – where the accused is the sole legal owner of the property and there is no co-ownership
• Duress – the accused was forced or threatened into committing the act
• Mental illness – where the accused lacked mental capacity at the time of the offence
• Lack of evidence – the prosecution cannot prove each element beyond reasonable doubt

Each case will depend heavily on the evidence, such as witness statements, photographs, police bodycam footage, and the history of the relationship.

The offence is considered serious and may be dealt with in either the Local Court or the District Court, depending on the circumstances and severity.

Penalties may include:

• Up to 5 years imprisonment if the damage was intentional
• Up to 10 years imprisonment if done during a public disorder
• Fines, community-based orders, or supervision
• ADVOs with conditions restricting contact, proximity, or communication

The presence of domestic violence as an aggravating factor can lead to harsher sentencing outcomes and an automatic recording of the offence as a domestic violence offence on the person’s criminal record.

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