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Our destroy or damage property lawyers are well-versed in defending such charges. We have an outstanding track record of helping our clients prove their innocence and avoid criminal convictions.
You can view some of our recent cases for these charges by clicking here.
Contact us now to speak to our accredited specialist criminal lawyer to see how we can best assist you.
The charge of destroying or damaging property is commonly known as ‘malicious damage’ and it involves destroying or damaging property either intentionally or recklessly.
Usually the property is owned by someone else but you can also be convicted if you destroy or damage property that you jointly own with someone else.
The definition of destroying or damaging may seem obvious but it can also include what is known as “temporary functional derangement”. This means that the function or usefulness of an object has been interfered with. It may not be “damaged” in the usual sense but the object cannot do what it is meant to do because of some interference.
Common examples are letting the air out of someone’s tyres or urinating in a police cell so that it cannot be used.
To prove the offence of destroy or damage property the prosecution must prove that the defendant, recklessly or intentionally, destroyed or damaged property belonging to either another person or the defendant and another person.
The penalties for this offence in the Local Court are up to 2 years imprisonment and fines of up to $11,000. The penalties are significantly higher if the matter is heard in the District Court or if the damage involves fire or explosives, or is committed during a public order incident or with the intent to injure someone.
If you are under investigation, have been arrested, charged for destroying and damaging property, house breaking implements or charged for aggravated breaking and entering you should contact us for expert advice immediately. At Astor Legal we are former prosecutors and we have prosecuted countless destroying or damaging property charges. We know the law, the cases, and the defences to destroying or damaging property charges. Your first consultation is free and we offer fixed fees for most of our services.
Section 195 of the Crimes Act 1900 (NSW) sets out that if you intentionally or recklessly destroy or damage the property of another person, you can be guilty of this offence. The offence is also known as ‘malicious damage to property’.
This is a ‘Table 2’ offence under the Criminal Procedure Act 1986 (NSW). As such, it is finalised in the Local Court unless the prosecution elects to deal with it in the District Court.
It is rare for a damage property charge to be heard in the District Court unless there are associated serious charges being heard in the District Court.
You can fight a destroy or damage property charge in two ways. Firstly, the prosecution must prove each of the following beyond reasonable doubt:
If any of these elements are not made out, then you can be found ‘not guilty’.
Secondly, you can rely on one of the defences.
In order to establish damage, the prosecution must prove that the physical integrity of the property was altered in some way. This includes if the alteration is temporary (Grajewski v Director of Public Prosecutions (NSW) [2019] HCA 8).
However, if there is no alteration to the physical integrity of the property, then there is no offence. For example, spitting on a metal seat would generally not be considered damage (Hammond v R [2013] NSWCCA 93).
Contact us now to speak to a specialist criminal lawyer who can begin preparing your defence.
The following are a number of defences which can be raised:
Our team’s specialty is getting charges dropped early saving you money and time. If any of the above defences apply to you, our senior lawyers will analyse the evidence, strengthen your defence, and begin negotiations with police to get your charge dropped early. They have been successful at achieving this for over 20 years on countless cases they take on.
If you are pleading guilty to a charge of destroying or damaging property, you can consult our guide. You can obtain a tailored approach to your case by contacting us now to speak to a specialist criminal lawyer who can prepare your case and appear for you in Court.
There are number of different variations and degrees of severity for property damage offences.
If heard in the District Court, the maximum penalty for Destroy or damage property is a term of imprisonment of 5 years. If the offence was committed while in the company of another person, the maximum penalty becomes 6 years imprisonment.
If heard in the Local Court and:
If heard in the District Court and the damage or destruction is caused by fire or explosives, the maximum penalty is increased to 10 years imprisonment. If the offence was committed while in the company of another person, the maximum penalty becomes 11 years imprisonment.
Of the 255 cases heard in the Local Court over the last 5 years, less than 25% of people received no conviction for a destroy or damage property charge. 6% of people were sentenced to some form of imprisonment. The remaining offenders all received convictions.
Over 75% of offenders are convicted. A Section 10 dismissal is not easy to achieve. As such, if you wish to avoid a conviction, you should speak to one of our specialist criminal defence solicitors for destroy or damage property charges.
Yes. Section 195 of the Crimes Act 1900 sets out the offence of destroying or damaging property.
If you jointly owned the property with another person then you can be found guilty of malicious damage.
However, if you are the sole owner of property, then you cannot be found guilty of destroying or damaging it.
Much will depend on whether you can prove you are the sole owner. Receipts and bank statements are often used in Court to prove that you own the property outright.
