If you are charged with Intentionally or Recklessly Destroy or Damage Property it means that you have intentionally or carelessly destroyed or damaged property that belonged to another person. An example of this is if you have taken your partners mobile during an argument and thrown it on the ground intentionally, where the mobile has been destroyed or damaged. Section 195 Crimes Act 1900 states that a person who intentionally or recklessly destroys or damages property belonging to another or to that person and another is guilty of an offence.

In order to be found guilty of Intentionally or recklessly destroy or damage property, the prosecution must prove beyond reasonable doubt that you:

• Intentionally or recklessly destroyed or damaged property;
• Which belonged to someone or yourself and another person.

If any of these elements cannot be proven beyond reasonable doubt then you will be found not guilty.

What are my options?

You may choose to plead guilty or not guilty.

Pleading Guilty

If you accept and agree with the charge of Intentionally or recklessly destroy or damage property, then you agree with what the police have alleged. An early plea of guilty entitles you to a 25% discount on sentence.

It is definitely worth getting in touch with one of our experienced lawyers at the earliest so they can try their best to negotiate the police facts of the charge and the charge itself.

It is common for experienced lawyers to try and negotiate the facts that the judge will read when sentencing you. The facts the judge reads will give the judge an understanding of what sentence you should receive.

Our experienced lawyers work hard to try and negotiate the facts or try to have the charge negotiated to a different and less serious charge. Speak to one of our experienced team today.

The penalty for Intentionally or recklessly destroy property carries a maximum penalty of 1 year imprisonment in the Local Court if the damage does not exceed $5,000.00 and 2 years imprisonment in the Local Court if the damage exceeds $5,000.00. The maximum penalty in the District Court is 5 years imprisonment.

Pleading Not Guilty

If you disagree with the Intentionally or recklessly destroy property charge, then it is best you enter a plea of not guilty. Defences that can be used in Intentionally or recklessly destroy property:

• Duress- your actions taken need to be reasonable in that your conduct was to avoid serious death or injury.
• Necessity- where it was vital to prevent serious injury, danger or death.
• Self defence

The burden of proof is on the prosecution to prove beyond a reasonable doubt that you intentionally or recklessly destroyed or damaged property which belonged to someone or yourself and another person.

If the prosecution fails to prove these elements, then you will be found not guilty.