destroying a property

Case Example: Charges for destroying or damaging property

Domestic violence can cause inflated tempers that lead to destroying property. The problem is that you can be charged with damaging property and a victim can seek compensation for the damage.

Please note the current law in NSW for damaging property is
195 Destroying or damaging property

(1) A person who intentionally or recklessly destroys or damages property belonging to another or to that person and another is liable:
(a) to imprisonment for 5 years, or
(b) if the destruction or damage is caused by means of fire or explosives, to imprisonment for 10 years.
(1A) A person who, in the company of another person or persons, intentionally or recklessly destroys or damages property belonging to another or to that person and another is liable:
(a) to imprisonment for 6 years, or
(b) if the destruction or damage is caused by means of fire or explosives, to imprisonment for 11 years.
(2) A person who, during a public disorder, intentionally or recklessly destroys or damages property belonging to another or to that person and another is liable:
(a) to imprisonment for 7 years, or
(b) if the destruction or damage is caused by means of fire or explosives, to imprisonment for 12 years.

Case example

Defendant entered the a unit by opening the front door of the property which was unlocked. Once inside, the Defendant picked up two kitchen knives from the kitchen in his right hand. The Defendant was shouting and screaming at the victim that she was having extramarital affairs with other men. As a result the she ran inside her bedroom and locked the bedroom door.

The Defendant walked towards to the bedroom and started kicking the bedroom door four (4) times and finally got into her bedroom by damaging the bedroom door. Police at this point take a photo of the door to prove the damage. While inside her bedroom the Defendant said, ”I have caught you with another boy and your are slut”. Whilst saying this the Defendant was still holding the kitchen knives. The Defendant said, ”I will stab you”.

The Defendant walked up to the wardrobe and head-butted the glass mirror of the wardrobe causing the two sliding doors to come out of the railing. The Defendant then picked up a wooden slat from the cot which was in the bedroom. The Defendant threatened to hit the victim on her head with the wooden slat. The wooden slat was approximately 100 centimetres long and 5-10 centimetres thick. The Defendant dropped the kitchen knives and pushed the canvas painting which was on the wall making two holes in it. During this incident the witness was not present in the bedroom.

The victim was scared for her safety and ran out of the bedroom and into the lounge room. The Defendant followed the victim. The Defendant stood in front of the victim in the lounge room near the lounge and swung the wooden slat, hitting the victim on her left shin The impact of the wooden slat caused the victim to feel immediate pain in her left shin. The hit caused a bruise about ten (10) centimetres long on the victim’s left shin. The Defendant shouted at the victim telling her he would hit her on her head. The witness was in the hallway of the unit at this time.

Due to her pain from the assault the victim called the Ambulance. The Defendant left the location in an unknown direction. The ambulance attended and conveyed the victim to hospital for treatment of her injuries.

About 4:00pm on Wednesday the 21st October the victim attended the police station and complained about the assault. At this point the police looked for the accused and arrested him. This is a significant delay between the allegation and the assault and is a relevant point to consider when discussing the evidence.

Don’t wait another minute to get the legal representation you need. Call the Sydney criminal lawyers who can help. Your first conference is free. Call 0412 915 247 today.

0 replies

Leave a Reply

Want to join the discussion?
Feel free to contribute!

Leave a Reply

Your email address will not be published. Required fields are marked *