There are a number of different offences in NSW that relate to property damage. The most common offence can be found in section 195 of the Crimes Act.
According to the Act, a person who intentionally or recklessly destroys or damages another person’s property may be guilty of an offence.
A definition of ‘property’ can be found in section 4 of the Crimes Act.
According to the definition, ‘property’ includes:
You cannot be convicted of this offence unless the police can prove the following beyond reasonable doubt:
This offence can sometimes be difficult to prove, especially if there are no witnesses present when the damage is alleged to have occurred.
If you have been charged with this offence it is vital to seek legal advice from an experienced criminal lawyer.
Hamilton Janke Lawyers are one of the top rated Criminal Law Firms in the region. We treat every client with the respect and commitment they deserve. This commitment to our profession has earned us a reputation which we are very proud.