What's happening?
Property damage, sometimes referred to as malicious damage, involves intentionally or recklessly damaging or destroying someone else's property. These matters range from minor incidents, such as graffiti or a damaged item during an argument, through to more significant damage involving vehicles or buildings.
The value of the damage and whether it occurred during another offence, such as a break and enter or an altercation, can affect how the matter is treated. Evidence often includes photographs of the damage, witness accounts, and sometimes CCTV footage.
What could it mean for me?
- The value and nature of the damage can affect how seriously the matter is treated by the court.
- Property damage arising during a domestic incident may be linked to an AVO application.
- Compensation or restitution to the property owner may be a relevant consideration.
- A conviction can affect certain employment or licensing requirements depending on the role.
- Repeat offending, such as repeated graffiti offences, may be treated more seriously.
What are my options?
- Contesting the charge where intent or recklessness is genuinely in dispute.
- Negotiating an outcome that includes compensation to the property owner, where appropriate.
- Pleading guilty and presenting mitigating material relevant to the circumstances.
- Seeking a non-conviction outcome where appropriate for a first or minor offence.
- Addressing any related charges arising from the same incident together.
What happens next?
- Avoid contacting the property owner directly if there is a dispute, particularly where an AVO is in place.
- Gather any evidence relevant to your account of the incident, including photos or messages.
- Attend your first court date and review the evidence once available.
- Discuss with your lawyer whether compensation or restitution may be appropriate.
- Consider references or evidence of good character relevant to sentencing.
How can MGE Lawyers help?
We assist clients charged with property damage by reviewing the evidence of value and intent, and advising on whether the circumstances support contesting the charge or resolving it through a plea with appropriate mitigation.
Where compensation to the property owner is relevant, we help clients understand how this may factor into the resolution of their matter.