Being charged by the police with damaging property can be a stressful experience. In New South Wales, damaging property pursuant to section 195 of the Crimes Act carries a maximum penalty of 5 years imprisonment. Where the offence is committed in company with another person, the maximum penalty is 6 years imprisonment. There are different maximum penalties if the destruction or damage is caused by means of fire or explosives, or during a ‘public disorder’.
Josh McKenzie and James McLoughlin have appeared in many matters at court relating to the damage of property. As former prosecutors, Josh and James are able to identify the strength and weaknesses of any prosecution case and can advise you accordingly. Should you be seeking passionate defence lawyers who will be by your side and assist you in being heard, contact James and Josh for criminal representation.
What is the offence of damaging property and where is it located in the Crimes Act?
The offence itself is located at section 195 of the Crimes Act 1900 which states:
A person who intentionally or recklessly destroys or damages property belonging to another or to that person and another is liable:
- to imprisonment for 5 years, or
- if the destruction or damage is caused by means of fire or explosives, to imprisonment for 10 years.
(1A) A person, who, in the company of another person or persons, intentionally or recklessly destroys or damages property belonging to another or to that person and another is liable:
- to imprisonment for 6 years, or
- if the destruction or damage is caused by means of fire or explosives, to imprisonment for 11 years.
(2) A person who, during a public disorder, intentionally or recklessly destroys or damages property belonging to another or to that person and another is liable:
- to imprisonment for 7 years
- if the destruction or damage is caused by means of fire or explosives, to imprisonment for 12 years.
What is ‘property’ for the purpose of the offence?
Property is defined in section 4 of the Crimes Act to include:
- All real and personal property
- Money, valuables, securities, debts and legacies,
- All deeds and instruments relating to, or evidencing the title or right to any property, or giving a right to recover or receive any money or goods.
So what do the Police need to prove?
To be found guilty, the police must prove each of the below beyond a reasonable doubt:
- You destroyed or damaged the property alleged in the charge,
- The property belonged to another person, or the accused and another person,
- The destruction or damage was done with intent or recklessness. That means that the court will generally determine your ‘test of foresight’ before acting in a particular way.
What are some common examples of damaging property?
- Acts preventing the use of property, such as deleting items from a computer hard drive.
- Defacing, altering or marking property. Of note, it does not have to permanently affect the item.
- Breaking property during a domestic dispute.
Why choose McKenzie McLoughlin?
Whether it be a charge of damaging property pursuant to section 195 of the Crimes Act, or an alternate offence of threatening to destroy or damage property, damaging or desecrating protected places, or throwing rocks and other objects at vehicles and vessels, Josh McKenzie and James McLoughlin are the intelligent choice for your representation.
Josh and James are incredibly experienced in matters of this type. As former prosecutors, they can quickly and concisely determine the strength and weaknesses of any prosecution case. Josh and James are non-judgmental criminal lawyers who will fight for the best result for you. If you are charged with an offence of damaging property, get in contact with Josh and James for excellent legal representation.