Criminal Lawyers Group

What is Intentionally or Recklessly Destroying or Damaging Property?

MEN SENTENCED FOR DAMAGING AND DESTROYING PROPERTY

Sydney property developer Steve Nassif has been sentenced in Sydney’s Central District Court to two years and seven months in prison, with a one year and four-month non-parole period for the offence of destroying property by fire in an arson attack that reduced a luxury heritage-listed North Shore waterfront mansion to rubble.

Intentionally or Recklessly Destroying or Damaging Property is a serious indictable offence which can lead to heavy punishments. Mr Nassif’s accomplice Adams Bett was sentenced to two years and three months in jail, with a non-parole period of one year and eight months for the offence of intentionally damaging property as a result of his role in the crime.

Mr Bett had lit the fire, whilst Mr Nassif was the getaway driver. Both men had pled guilty to their respective charges.

Committing the offence of Intentionally or Recklessly Destroying or Damaging Property is likely to garner media attention and this was certainly the case following this prestigious North Shore property having gone ablaze. Despite the well-known phrase of ‘where there’s smoke, there’s fire’ potentially seeming relevant in situations where people have criminally set a house ablaze, Judge Grant Brady noted that there was “effectively no motive” for the crime. The agreed facts in Mr Nassif’s case stated that the property in question was uninsured at the time and that there was no subsequent insurance claim made.

The property was owned by property developer Ouyang “Owen” Chen and he was not accused of any wrongdoing.

Have you been charged with Intentionally or Recklessly Destroying or Damaging Property? If so, contact us now for a free consultation.

WHAT DOES DAMAGE OR DESTROY MEAN?

The High Court case of Grajewski v Director of Public Prosecutions (NSW) [2019] HCA 8 established that for destruction or damage to have occurred there must be conduct which causes an alteration to the physical integrity of the property which causes it to be permanently or temporarily inoperable. The destruction or damage may be relatively minor or temporary.

THE EFFECT ON COMMUNITY OF INTENTIONALLY OR RECKLESSLY DESTROYING OR DAMAGING PROPERTY

Committing the offence of intentionally or recklessly destroying or damaging property can result in more than a financial loss to the victim and/or their insurer, as well as the legal implications for the offender. The broader community too can be placed at great risk during the offence, even if the offender did not intend for the harm to spread to the community.

The inferno caused by Mr Nassif and Mr Bett terrified neighbours who witnessed flames as high as 20 metres. There were 30 phone calls made to emergency services and neighbouring properties had to be evacuated. It took a team of 50 firefighters over an hour to extinguish the fire.

WHAT ARE THE PENALTIES FOR INTENTIONALLY OR RECKLESSLY DESTROYING OR DAMAGING PROPERTY?

Section 195 of the Crimes Act 1900 (NSW) states that a person who intentionally or recklessly destroys or damages property belonging to another or to that person and another is liable to imprisonment for a maximum term of 5 years. If the destruction or damage is caused by means of fire or explosives, the maximum term is increased to imprisonment for 10 years.

If the intentional or reckless destruction or damage of property is committed in the company of another person or persons, the maximum term is 6 years, and if the destruction or damage is caused by means of fire or explosives, the maximum imprisonment term is 11 years.

This section of the Act also provides for a maximum imprisonment term of 7 years if the intentional or reckless damage or destruction of property belonging to another or to that person or another is committed during a public disorder. If the destruction or damage is caused by means of fire or explosives, the maximum term of imprisonment is 12 years.

CONTACT CRIMINAL LAWYERS GROUP NOW

The penalties for intentionally or recklessly destroying or damaging property can be severe. If you or someone you know have been accused or charged with intentionally or recklessly destroying or damaging property, contact Criminal Lawyers Group now for a free consultation. Our specialised lawyers have proven results in securing not guilty verdicts for clients charged with intentionally or recklessly destroying or damaging property.

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