Not Guilty: Man Accused of Destroying Property in Domestic Violence Case Wins at Liverpool Local Court
Steven Mercael, Principal Lawyer at Criminal Lawyers Group, successfully defends client charged with “destroy or damage property” in domestic violence context – August 2025.
A Western Sydney man accused of destroying his partner’s personal property during a heated argument has been found not guilty at Liverpool Local Court, after strong legal advocacy by leading domestic violence lawyer Steven Mercael.
The 29-year-old was charged with “destroy or damage property” under Section 195 of the Crimes Act 1900 (NSW) following a domestic incident at a private residence.
Police Alleged Domestic Violence Incident
According to the police, the man smashed a glass picture frame allegedly belonging to his partner during a verbal dispute. Officers were called to the property, took photographs of the broken item, and issued a provisional Apprehended Domestic Violence Order (ADVO).
The man was arrested and taken to Liverpool Police Station, before being formally charged with destroy or damage property – domestic violence related, an offence that carries a maximum penalty of 5 years’ imprisonment under NSW law.
Defence Strategy: Ownership of Property in Dispute
At hearing, Principal Lawyer Steven Mercael mounted a successful defence by challenging the ownership of the property — a crucial element of the charge.
“The entire case relied on the assumption that the broken item belonged to the complainant,” Mr Mercael said. “But there was no proof of ownership — and our evidence showed the opposite.”
Through cross-examination and supporting documents, Mr Mercael demonstrated that the defendant had, in fact, purchased the picture frame himself months prior. Bank statements and receipts confirmed this, casting significant doubt on the prosecution’s case.
Outcome: Not Guilty Verdict at Liverpool Local Court
The Magistrate at Liverpool Local Court ruled that the prosecution had failed to establish beyond reasonable doubt that the damaged item belonged to the complainant. As a result, the charge of destroy or damage property was dismissed, and the defendant was found not guilty.
The associated provisional ADVO was also withdrawn.
Lawyer’s Response
Speaking after the verdict, Mr Mercael said:
“This case highlights how assumptions can lead to wrongful charges. The court rightly found that my client didn’t commit an offence — he destroyed an item he lawfully owned. This is a just outcome, and an important reminder that truth and evidence matter.”
Facing Domestic Violence Allegations? Get the Right Legal Defence.
Domestic violence offences — especially those involving alleged destroy or damage property — carry serious consequences, including jail time, fines, and lasting damage to your reputation.
Don’t risk your future by facing court unrepresented. Our experienced domestic violence lawyers in Sydney can help protect your rights and defend your case with confidence.
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