Charged with damaging or destroying property?
Property damage charges under section 195 of the Crimes Act 1900 (NSW) can arise from damaged vehicles, homes, business premises, phones and other tangible property. ED Legal provides advice and representation for property damage offences across Sydney and NSW.
The prosecution must prove the alleged destruction or damage and the required intention or recklessness. Ownership, consent and the circumstances in which the damage occurred can all be important.
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How we can help you
We can review photographs, CCTV, repair quotes, witness statements, messages and other evidence, and compare the alleged damage with your account of what occurred.
We can advise before a police interview, make representations where appropriate, prepare a defended hearing and represent you at sentence if the charge is admitted or proved.
Before a police interview or court date
If police want to interview you about alleged property damage, obtain legal advice before deciding whether to participate. The prosecution may rely on admissions about both the act and your state of mind.
Preserve relevant photographs, messages, invoices and other records. Keep any Court Attendance Notice, bail or AVO papers and do not contact another person contrary to an existing order.
Understanding a section 195 charge
Section 195 makes it an offence to intentionally or recklessly destroy or damage property belonging to another person, or to the accused and another person. There are more serious variants involving matters such as fire, explosives, company or public disorder.
Was property destroyed or damaged?
The prosecution must prove legally sufficient destruction or damage. The nature and extent of the alleged damage, whether it was pre-existing and what repairs were actually required can all be relevant.
Maximum penalties
The ordinary section 195(1) offence carries a maximum penalty of 5 years imprisonment. Higher maximum penalties apply to certain aggravated forms, including damage caused by fire or explosives or damage committed in company or during public disorder.
Defending a property damage charge
A defence may involve disputing identity, causation, whether damage was caused at all, ownership, consent or the prosecution case on intention or recklessness.
Where you believed you had a legal right to act in relation to the property, the basis and reasonableness of that belief should be examined carefully.
CCTV, photographs and repair invoices can be tested against the allegation. The amount claimed for repairs does not itself prove who caused the damage or how it occurred.
Property damage can accompany domestic violence, break and enter or other charges. Each offence has separate elements and should be analysed individually.
Deciding how to respond at court
Get advice before entering a plea. If the charge is disputed, we can prepare the matter for hearing and consider whether representations should be made about the charge or facts.
If you intend to plead guilty, the agreed facts, value of damage, restitution and your personal circumstances can affect sentence.
AVOs, bail and related allegations
Property damage allegations can occur alongside an AVO or bail conditions, especially in domestic-violence matters. Those restrictions operate separately from the criminal charge.
Tell us if conditions affect contact, your home or access to property. We can advise about the charge and any related AVO or bail issue.
Sentencing for property damage
Sentencing depends on the extent and value of damage, method used, planning, relationship to the owner, prior history, restitution and personal circumstances. More serious statutory variants carry higher maximum penalties.
Preparing to speak with a lawyer
Tell us the exact charge, the property involved, the court and next date. Have photographs, repair documents, police facts, messages and any AVO or bail papers available where possible.
For advice about a property damage charge, contact ED Legal for a free initial consultation. You can also explore our broader criminal law services.
Sources
Disclaimer: This information is general in nature and is not legal advice. It is intended as a guide only. You should obtain formal legal advice about your specific circumstances.
