Malicious Damage of Property

Malicious Damage of Property Charge - Lawyer / Solicitor Article.

Criminal Law Article written by: Lionel Rattenbury (criminal defence lawyer specialising in public order offences)

The Law - Malicious Damage of Property - Law – Lawyer / Solicitor Article

Section 195(a) of the Crimes Act states:

A person who maliciously destroys or damages property belonging to another or to that person and another is liable:

(a) to imprisonment for 5 years, or
(b) if the destruction or damage is caused by means of fire or explosives, to imprisonment for 10 years.

---

Maximum Penalty -  - Malicious Damage of Property - Penalties – Lawyer / Solicitor Article

The Maximum penalty for the offence of Malicious Damage is five years imprisonment.

---

What the Police must prove - Malicious Damage of Property - Lawyer / Solicitor Article

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

1. The accused destroyed or damaged property.
2. The property belonged to another person, or the accused and another person.
3. The destruction or damage was done maliciously.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.

---

Possible Defences - Malicious Damage of Property - Defences – Lawyer / Solicitor Article

Possible defences to this offence include but are not limited to

1. Duress
2. Necessity

---

What court is likely to hear the matter - Lawyer / Solicitor Article

Where the value of the property charged exceeds $5000, this matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

Where the value of the property charged does not exceed $5000, this matter is a Table 2 offence which means that the DPP can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

 

Disclaimer

The information contained in this page was accurate at the time it was published. You should confirm the accuracy of this information with us or another solicitor before relying upon it. For free confirmation please contact Armstrong Legal.

It is most important that you understand that each criminal case is different. While the material in this page is intended to be relevant to the majority of cases, it may not apply to every case.