Intentionally or recklessly destroy property (Malicious Damage)

If you agree that you have committed the offence and the police are able to prove all the elements of the offence, it is best to plead guilty at an early opportunity to receive the maximum discount. Currently the maximum discount available for an early plea of guilty is 25% of the sentence.

Furthermore, the early guilty plea shows the Court that you have remorse and contrition for your actions.

Our Lawyers at National Criminal Lawyers work closely with you to ensure that we obtain all necessary paper work at increasing the chances of obtaining a non-conviction or section 10.

Destroying or Damaging Property can be punished with a prison sentence of up to 2 years (If heard in the Local Court) or 5 years (If heard in the District Court),

If the damage is caused by fire or explosives offenders face up to 10 years imprisonment.

If a person carries out the crime in the company of another person the maximum imprisonment is for 6 years, or 11 years if the destruction or damage is caused by means of fire or explosives.

If a person carries out the crime in during a public disorder or riot the maximum imprisonment is for 7 years, or 12 years if the destruction or damage is caused by means of fire or explosives.

If you decide to plead not guilty you will need to prepare to go to a Defended Hearing.

A defended hearing is where all the witnesses of that case are called to give evidence. The witnesses are both examined by the prosecution and tested by your defence lawyers.

National Criminal Lawyers have defended thousands of people charged with Destroying or Damaging Property and are experts at these hearings.

Sometimes the elements of Destroying or Damaging Property can be established however there also may exist a defence at law. Some of the possible defences available for those charged with Destroying or Damaging Property can include:

• Duress-If you were compelled to act in a certain way due to the circumstances, or the threats of another you may be able to argue “Duress”
• Necessity – If your actions were necessary to prevent a greater harm from occurring, you may have the defence of-“Necessity”.
• Self-defence – If you were defending yourself or another OR yours or another’s property you may have a Defence of “Self-Defence”

The Courts are not bound by statistics however there must be reasonable consistency in sentences. A Magistrate or Judge should have regard to what has been done in other cases. In Green [2011] HCA 45, the plurity judgement of French CJ, Kiefel and Creennan JJ stated:

“Equal Justice” embodies the norm expressed in the terms “equality before the law”. It is an aspect of the rule of law.

For offenders who Destroyed or damaged property (under $2000.00) 37% of offenders received a fine.

For Offenders who Destroyed or damaged property (between $2,000 and up to $5,000) 29% received a Bond and 28% received a fine

For offenders who Destroyed or damaged property (between $5,000 and up to $15,000) 25% got a Bond and 27% received a fine

For offenders who Destroyed or damaged property (above $15,000) 41% received a Bond and 23% served a full-time prison sentence

In NSW, a court can impose any of the following penalties for a Destroying or Damaging Property charge.

• • • Prison sentence
    • Home Detention
    • Intensive correction order (previously periodic detention)
    • Suspended sentence
    • Community service order (CSO)
    • Good behaviour bond
    • Fine
    • Section 10

  </ul class=”ul-list”> However, from the 24 September 2018 new penalty’s will be replacing the above. They are as follows:

  • • Full time Imprisonment
    • New ICO (ICO) with a home detention condition available
    • New Community Correction Order (CCO)
    • Fine
    • New Conditional release Order (CRO)

Our client is a 20-year-old unemployed man.

He was initially charged with one charge of malicious damage to property, and one charge of stalk/intimidate upon his de facto partner.

Initially, our client was represented by another law firm. He had plead guilty to both of the charges and a number of subjective materials were handed to the Local Court upon his sentencing. Ultimately, the Local Court magistrate convicted our client.

He came to our firm seeking further legal advice in respect of a potential appeal to the district Court. After conferencing our client, it became immediately clear that our client should have made a mental health application pursuant to section 32 of the Mental Health (Forensic Provisions) Act 1990.

Our team of lawyers worked diligently in organising a psychiatric assessment for our client and obtaining a comprehensive psychiatric report to assist us in making the mental health application.

We lodged an appeal to the district Court on behalf of our client, and made comprehensive oral submissions on his behalf in the district Court. The submissions focused primarily on the need to rehabilitate our client, as well as divert him into a mental health regime and not to punish him in accordance with law.

The district Court ultimately agreed with our proposal, and the two charges against our client were formally dismissed. He was discharged into the care of his treating psychiatrist for a period of six months. This meant that our client avoided a criminal conviction in respect of both of the charges which the Local Court initially had convicted him of.