Destroy or Damage Property

What Must the Prosecution Prove?

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To succed with a conviction pursuant to section 195 of the Crimes Act for Destroy or Damage Property, the prosecution must prove beyond reasonable doubt that the accused:

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1. Intentionally or recklessly;

2. Destroyed or damaged property;

3. Belonging to another (or belonging to the accused and another).

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It is important that there must be actual destruction or damage to the property and not something that has just rendered the property temporarily inoperable. This is what occurred in the High Court case of Grajewski v Director of Public Prosecutions (NSW). 

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A protester attended a coal terminal and used a harness and roping device to lock himself to a ship loader, rendering the machine inoperable. He was charged by Police with Destroy or Damage property pursuant to section 195 of the Crimes Act. 

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Both the Local Court and the Court of Criminal Appeal found that the protestor guilty of an offence. The High Court overturned the decision and stated that there needed to be alteration to the physical intergrity of the thing. 

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It should be noted that the final element only requires that another person at least jointly owns the property. This covers many domestic violence situations where the accused jointly owns property with the victim. 

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If the prosecution cannot prove beyond reasonable doubt each of the elements of the offence listed above you may have a Defence to the charge should consider pleading not guilty. 

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Some situations where a plea of not guilty may be appropriate include the following:

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• A person does not intentionally destroy property. It happens as accident whilst something else is happening;

• There is a dispute that the property was actually damage;

• A person only damaged property that solely belongs to them. 

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What Sentencing Options Can The Court Impose

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While the maximun term of imprisonment is 5 years (2 years in the Local Court) and a $10,000 fine, the full range of sentencing options are available to the Court including:

1. Section 10 dismissal without conviction. This is where the Court finds the offence proven but dismisses the charges against you meaning that it will not go on your criminal record;

2. Conditional Release Order- The Court can place you on an Order to be of good behaviour and other orders that the court deems fit;

3. Community Corrections Orders- For serious matters the Court may place you on an Order administered by the Community Corrections Office which can include various terms;

4. Intensive Corrections Orders- This is a jail sentence but served in the community and is also administered by the Community Corrections Office. 

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What sentence you get will be determined by a number of factors including your existing criminal record, the seriousness of your offence, and other factors particular to your case however all sentencing options are used in destroy and damage property cases.

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John Vizzone, barrister, is an experienced Criminal Lawyer who has represented many clients in such matters across New South Wales. If you have a matter, contact him now for a free quote for him to represent you or call him on 0416167690. 

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