Intentionally or Recklessly Destroy or Damage Property

property offences

The offence of Intentionally or Recklessly Destroy Property is found in section 195 of the Crimes Act 1900 (NSW) which deems a person guilty if they intentionally or recklessly destroys or damages property belonging to another person.

You could be charged with Intentionally or Recklessly Destroy or Damage Property if you:

Smash a mug which belongs to another person.
Crack the screen of an electronic device
Punch drywall of a house you jointly own with another person.

What must the prosecution prove?

Since this offence is dealt with in the criminal jurisdiction, the burden of proof for establishing this offence rests solely with the Prosecution.

The prosecution must prove the following beyond reasonable doubt:

You destroyed or damaged property;
The property belonged to another person, or the accused and another person;
The destruction or damaging of the property was done maliciously with intent or recklessness.

What is Property?

Under the Crimes Act, the definition of property is extensive and encompasses “every description of real and personal property.” This broad definition includes:

Real Property: Land and anything permanently attached to it, such as buildings.
Personal Property: Movable items owned by an individual, such as money, valuable securities, and debts.

Common Examples of Property Damage Offences

In the Local Court, common prosecutions for destroy or damage property offences include:

Graffiti Damage: Defacing buildings with graffiti.
Vehicle Damage: Causing damage to an ex-partner’s vehicle.

What Constitutes Damage to Property?

The High Court of Australia clarified the definition of property damage in the case of Grajewski v Director of Public Prosecutions [2019] HCA 8. According to the High Court:

Damage to Property: Requires proof that an act or omission has caused an alteration to the physical integrity of the property. This alteration can be temporary.
Physical Integrity: As per the majority of the High Court, a thing is not considered damaged unless its physical integrity is altered in some respect.

Key Points from Grajewski v DPP:

Act or Omission: The act or omission must result in some change to the property’s physical state.
Temporary Changes: Even temporary alterations that affect the physical condition of the property can constitute damage.

Understanding these definitions and legal interpretations is crucial when dealing with property-related offences under the Crimes Act. If you are involved in a case concerning property damage, it’s essential to seek legal advice to navigate the complexities of the law effectively

What are the maximum penalties for this offence?

The maximum penalties for Intentionally or Recklessly Destroy or Damage Property in NSW is:

Five years imprisonment.
Six years imprisonment if the offence is committed in company.
Seven years imprisonment if the offence is committed during public disorder.
Ten years imprisonment if the destruction or damage is caused by fire or explosives.
Eleven years imprisonment if the destruction or damage is caused by fire or explosives in company.
Twelve years imprisonment if the destruction or damage is caused by fire or explosives during public disorder.

What is Damage?

Whilst “damage” has not been defined in legislation, it has been accepted in the case of Hammond V R [2013] NSWCCA 93 that the damage or change to the property does not need to be permanent. It is sufficient that the change to the property has interfered with its designed functions.

Can I destroy property belonging to myself?

As this offence deals with the damaging or destruction of another person’s property, there is nothing prohibiting a person from damaging or destroying property which belongs to them. However, property which is “jointly-owned” by the accused and the complainant is included in this legislation.

What are your options at Law?

If you are facing charges of Intentionally or Recklessly Destory or Damage Property, the team at Barsha Defence Lawyers can exercise the following options on your behalf to protect your interests:

Negotiate with prosecutors to withdraw or amend the charges.
Plead not guilty to the charges and present a case at a Hearing/Trial to challenge the prosecution’s case.
Plead guilty to the charges but dispute the facts alleged at a “disputed facts hearing”.
Plead guilty to the charges and the facts at a Sentencing hearing with an objective to obtain the most lenient penalty available.

If you agree that you have committed the offence and/or the police are able to establish the offence, it is best to plead guilty at the earliest possible opportunity to receive the maximum discount. The maximum discount available for an early plea of guilty is 25% of the sentence the Court is minded to impose.

Defences to Destroy or Damage Property

If you are charged with the offence of destroying or damaging property, there are several defences that may be available to you, depending on the specifics of your case. The prosecution must prove each element of the offence beyond a reasonable doubt. Here are some potential defences:

Lack of Intent

If you did not intend to cause damage or did not foresee that damage would occur, you may have a defence. Intent is a crucial element that the prosecution must prove.

Claim of Right

If you believed you had a legal right to the property, this can be a valid defence. This applies when you believe that you own the property or have permission to damage it.

Necessity

This defence applies if the damage was necessary to prevent a greater harm. For example, breaking a window to escape a fire.

Duress

If you were forced to damage the property under threats of immediate harm, you might have a defence of duress.

Self-Defence

If the damage occurred while you were defending yourself or others from harm, this could be a valid defence.

Own Property

It is not an offence to destroy or damage your own property.

Plead Guilty? The Potential Consequences

Destroying or damaging property is treated seriously by the courts, and the consequences can be severe:

Criminal Record: A conviction for property damage can result in a criminal record, which can impact various aspects of your life.
Imprisonment: Depending on the severity of the offence and circumstances, imprisonment is a possible penalty. Even in the Local Court, the maximum penalty can include a term of imprisonment.

Factors Influencing Penalties

Several factors influence the penalties imposed for property damage offences:

Extent and Manner of Damage: How the damage was caused and its extent.
Restitution: Whether the accused has made efforts to repair or repay for the damage.
Aggravating Factors: Any additional circumstances that make the offence more serious, such as prior convictions or the context in which the damage occurred.

Legal Advice

To navigate these charges and explore possible defences, it is crucial to consult with experienced criminal defence lawyers. They can provide expert advice tailored to your case, potentially leading to a more favorable outcome.

If you have been charged with an offence of destroying or damaging property, contact our criminal lawyers to discuss your case and identify the best defence strategy. Our team has a proven track record in successfully handling these types of matters.

Generally, if you are guilty of an offence and would like to avoid a criminal conviction, it is preferable that you enter a plea of guilty at the earliest opportunity.

Have you been charged with Intentionally or Recklessly Destroy or Damage Property?

If you’re facing charges for intentionally or recklessly destroying property, it’s essential to address the situation promptly and effectively. Don’t let the weight of these charges overwhelm you—contact our experienced legal team today to schedule your initial free consultation.

During this consultation, we’ll thoroughly assess the details of your case, carefully listen to your concerns, and provide you with personalized legal advice tailored to your specific circumstances. Our goal is to ensure that you fully understand your rights and available options, empowering you to make informed decisions regarding your legal defence.

With our expertise and unwavering commitment, you can trust that your case will be handled with the utmost diligence and dedication. We’ll work tirelessly to protect your rights and pursue the best possible outcome for your situation.

Don’t delay—get in touch with us now to take the first step toward resolving your legal matter. Contact our team today to book your first free consultation.