The criminal offence of Destroying or Damaging Property is a serious indictable offence that can lead to severe repercussions. Criminal Lawyers Group have been nationally recognised as the best criminal law firm in NSW for securing the best outcomes for clients who have been charged with the criminal offence of Destroying or Damaging Property.
If you or anyone you know have been accused or charged with the criminal offence of Destroying or Damaging Property, contact our award-winning team of expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation.
WHAT IS THE CRIMINAL OFFENCE OF DESTROYING OR DAMAGING PROPERTY?
Section 195 of the Crimes Act 1900 (NSW) constitutes it a criminal offence for a person to intentionally or recklessly destroy or damage property belonging to another or to that person and another.
The High Court case of Grajewski v Director of Public Prosecutions (NSW) defined damage as the alteration of the physical integrity of the property, even if only temporary. Merely interfering with the use or functionality of the property alone is not sufficient to constitute as damage.
WHAT IS THE PENALTY FOR THE CRIMINAL OFFENCE OF DESTROYING OR DAMAGING PROPERTY?
Section 195(1)(a) of the Crimes Act 1900 (NSW) prescribes a maximum penalty of 5 years imprisonment for a conviction of the criminal offence of Destroying or Damaging Property. However, if the destruction or damage is caused by means of fire or explosives, subsection(1)(b) increases the maximum term of imprisonment available to the Court to 10 years.
If the destruction or damage is committed in the company of another person or persons, the maximum penalty is increased to 6 years imprisonment, whilst if the destruction or damage is caused by means of fire or explosives and was in company, the maximum penalty increases to 11 years imprisonment.
Other penalties available for a conviction of the criminal offence of Destroying or Damaging Property include a Suspended Sentence, Intensive Corrections Order (ICO), Community Corrections Order (CCO) and a Good Behaviour Bond.
WHAT ARE CIRCUMSTANCES OF AGGRAVATION?
A conviction of Section 195(1)(b) of the Crimes Act 1900 (NSW) in circumstances of aggravation increases the maximum term of imprisonment available to the Court to 12 years.
Circumstances of Aggravation refer to circumstances in which the destroyed or damaged property was or is a motor vehicle within the meaning of the Road Transport Act 2013, and was destroyed or damaged after being used by the accused person or another person in connection with an aggravated circumstances offence.
SPECIAL PROVISION FOR DAMAGE OR DESTRUCTION OF WAR MEMORIAL
In dealing with the maximum penalties available, Section 195 of the Crimes Act 1900 (NSW) prescribes a maximum penalty of 7 years imprisonment for a conviction of intentionally or recklessly destroying or damaging property belonging to another person or to that person and another person, if the property is a war memorial.
CAN I GET BAIL FOR A CHARGE OF DESTROYING OR DAMAGING PROPERTY?
Yes, you may be granted bail on a charge of Destroying or Damaging Property. Our specialised criminal lawyers at Criminal Lawyers Group are the leading law firm in NSW for securing bail for our clients who have been charged with serious criminal offences, including Destroying or Damaging Property.
MAN CHARGED AFTER ALLEGEDLY SMASHING NSW PARLIAMENT HOUSE WINDOW
A man was charged by Police with destroying or damaging property and entering inclosed land without a lawful excuse after allegedly smashing a window at NSW Parliament House with a metal barbell not prescribed premises without lawful excuse.
The man was arrested at a home in Oldfield Street, Greystanes, only a few hours after the alleged offence, prior to being taken to Granville Police Station where he was charged.
He was subsequently refused Bail.
RECENT PROTESTS DRAW ATTENTION TO PUBLIC DISORDER PROVISION
The recent political climate of public protests has drawn attention to Section 195(2) of the Crimes Act 1900 (NSW), which prescribes a penalty of up to 7 years imprisonment for a person convicted of intentionally or recklessly destroying or damaging property belonging to another or to that person and another during a public disorder. If the destruction or damage is caused by means of fire or explosives, the maximum term of imprisonment is increased to 12 years.
CRIMINAL LAWYERS GROUP SECURE NOT GUILTY VERDICT
Mr Steven Mercael, Principal and award-winning criminal lawyer at Criminal Lawyers Group, secured another Not Guilty verdict for a woman who had been charged with the criminal offence of Destroying or Damaging Property.
“My client maintained her innocence and I’m pleased that the truth prevailed,” stated Mr Mercael outside Court after the verdict was announced.
This result is among the latest of a continuous record of Not Guilty verdicts achieved by Criminal Lawyers Group, who were recently awarded the title of Best Criminal Lawyers in Sydney.
CONTACT CRIMINAL LAWYERS GROUP NOW
If you or anyone you know have been accused or charged with the criminal offence of Destroying or Damaging Property, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.
Our award-winning team of criminal law experts are nationally recognised for securing not guilty verdicts and the withdrawal of charges for our clients across NSW who have been charged with the criminal offence of Destroying or Damaging Property.