Criminal Damage

A charge of criminal damage contains the following elements to be proven to be successful:

1. The accused intentionally or recklessly destroyed or damaged property;

2. The property belonged to another person or the accused;

3. The accused knew or was reckless as to whether the property belonged to another; and

4. The accused intended to destroy or damage the property or was reckless as to whether the property would be destroyed or damaged.

The charge for Criminal Damage can be dealt with summarily in the Magistrates’ Court. However, depending on the circumstances of the offence and any other charges laid, the case may be heard in a higher court. Expert legal advice is important in ensuring the most appropriate defence to a charge of Criminal Damage.

Once the case goes to court, it is up to the prosecution to prove all the elements of the offence. It is important that you seek expert legal advice to prepare a defence and to represent you in court as this offence carries a significant maximum sentence of imprisonment.

Between 1 July 2016 to 30 June 2021, 20 people were sentenced for Criminal Damage in the higher courts, with 65% (13 people) sentence to imprisonment, with the sentences imposed ranging up to 4 years. Between 1 July 2018 to 30 June 2021 the Magistrates Court dealt with 13,160 cases and imprisonment was imposed in 38% of cases (5,001 people), a community corrections order in 20% of cases (2,632 people) and fines in 19% of cases (2,500).