CASE STUDY AT CRIMINAL LAWYERS GROUP
In a recent Sydney criminal case handled by our legal team, the accused was charged with destroying or damaging property after a window on a door was broken during a domestic dispute. The prosecution alleged the damage was intentional, but our defence demonstrated that the damage was accidental.
Evidence showed the accused accidentally hit the window while trying to close the door quickly to avoid further conflict. The jury agreed there was no intent or recklessness, leading to a not guilty verdict.
This case highlights the importance of proving intent in destroying or damaging property charges and the value of expert legal representation.
UNDERSTANDING CHARGES FOR DESTROYING OR DAMAGING PROPERTY IN DOMESTIC VIOLENCE CASES IN NSW
In New South Wales (NSW), charges related to destroying or damaging property often arise in domestic violence (DV) situations. These charges carry serious legal consequences, including possible imprisonment and the issuance of Apprehended Domestic Violence Orders (ADVOs). It is important to understand what constitutes destroying or damaging property, the penalties involved, and why seeking expert legal advice is essential if you face such charges.
WHAT IS DESTROYING OR DAMAGING PROPERTY?
Under the Crimes Act 1900 (NSW), Section 195, a person commits an offence if they intentionally or recklessly destroy or damage property belonging to another person or jointly owned. The law covers a wide range of acts, such as breaking windows, smashing furniture, vandalising vehicles, or damaging household items.
Penalties depend on the nature and circumstances of the offence, including:
- Imprisonment for up to 5 years for standard offences,
- Up to 10 years if aggravating factors apply (like using fire or explosives),
- Longer sentences for offences committed in company or during public disorder.
DESTROYING OR DAMAGING PROPERTY IN DOMESTIC VIOLENCE CONTEXT
In domestic violence cases, destroying or damaging property may form part of a pattern of controlling or coercive behaviour. Such acts can cause victims emotional distress and financial hardship. NSW courts take these offences seriously, often linking them with broader domestic violence protections.
Victims may seek an Apprehended Domestic Violence Order (ADVO) to prevent further harm. ADVOs can restrict the accused’s contact with the victim and limit access to certain locations.
DEFENDING CHARGES FOR DESTROYING OR DAMAGING PROPERTY
If charged with destroying or damaging property in a domestic violence context, immediate legal advice is crucial. Possible defences include:
- The damage was accidental or unintentional,
- Consent was given by the property owner,
- The damage was necessary to prevent greater harm.
A skilled criminal lawyer can review your case details and help formulate the best defence or negotiate alternative outcomes.
GET EXPERT LEGAL HELP
Facing charges for destroying or damaging property linked to domestic violence in NSW can be overwhelming. Early legal support is vital for protecting your rights and achieving the best possible result.
Contact the criminal lawyers group led by Principal Lawyer Steven Mercael for expert, compassionate assistance. Visit criminallawyersgroup.com.au for more information.