If you have intentionally damaged another person’s property by defacing, altering or marking it then you may be charged with malicious damage. An example of this is intentionally destroyed another person’s property by deleting items from a computer hard drive.

Section 195 of the Crimes Act 1900 states a person who intentionally or recklessly destroys or damages property belonging to another or to that person and another is liable to imprisonment for 5 years, or if the destruction or damage is caused by means of fire or explosives, to imprisonment for 10 years. The section further reads 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 to imprisonment for 6 years, or if the destruction or damage is caused by means of fire or explosives, to imprisonment for 11 years.

In order to be found guilty of malicious damage the prosecution must prove beyond reasonable doubt that:

• You destroyed or damaged property;
• The property belonged to another person, or the accused and another person;
• The destruction or damage was done maliciously, with intent or recklessness.

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 malicious damage, 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.

A person who intentionally or recklessly destroys or damages property belonging to another or to that person and another is liable to imprisonment for 5 years, or if the destruction or damage is caused by means of fire or explosives, to imprisonment for 10 years.

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: to imprisonment for 6 years, or if the destruction or damage is caused by means of fire or explosives, to imprisonment for 11 years. 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: to imprisonment for 7 years, or if the destruction or damage is caused by means of fire or explosives, to imprisonment for 12 years.

Pleading Not Guilty

If you disagree with the malicious damage charge, then it is best you enter a plea of not guilty. Defences that can be used in break and enter charges are:

• 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 act was to protect yourself, another person or property.
• That you did not intend to damage or destroy the property.
• That the property was solely your property.

The burden of proof is on the prosecution to prove beyond a reasonable doubt that you destroyed or damaged property; the property belonged to another person, or the accused and another person; the destruction or damage was done maliciously, with intent or recklessness.

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