Malicious Damage to Property

Malicious Damage to Property Lawyers in NSW
Malicious damage to property
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Why people choose Hamilton Janke Lawyers

Malicious damage to property

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 persons property may be guilty of an offence.  

 

What is property? 

A definition of property can be found in section 4 of the Crimes Act

According to the definition, ‘property’ includes: 

  • Every description of real and personal property; 
  • Money, valuable securities, debts, and legacies; 

 

Penalties

The standard maximum penalty for this offence is 5 years imprisonment; however, the maximum penalty may increase depending on the circumstances in which the offence was committed. For example, if the damage is caused by a fire or explosives to the maximum penalty is 10 years imprisonment. Similarly, if the offence occurs during a public disorder (such as a riot) the maximum penalty increases to 7 years (normally) or 12 years (if the damage is caused by explosives AND the offence occurs during a public disorder). 

 

How can I defend myself? 

You cannot be convicted of this offence unless the police can prove the following beyond reasonable doubt:

  • You destroyed or damaged property
  • The property belonged to another person 
  • The destruction or damage was done intentionally or recklessly.

 

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. 

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Murray Rivers
"I highly recommend Hamilton Janke Lawyers at times of great stress and uncertainty."
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James Janke has represented me in 2 very different matters. As a result of his representations and advocacy, one issue was withdrawn and the other received the best result possible. In relation to the client, James is a clear communicator, explains all possible outcomes clearly and frankly. In court, James is a talented and respected advocate. I highly recommend Hamilton Janke Lawyers at times of great stress and uncertainty.
Simon Drew
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5 stars guys , I found your service professional, switched on with the law, kind courtesy and cooperation... I would have given you 10 stars for the performance...
Jarrad Tapper
"James secured me a very lenient sentence which honestly blew my expectations."
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Highly Recommend! James attention to detail was meticulous and his communication of all possible outcomes etc was exceptional. James secured me a very lenient sentence which honestly blew my expectations.
Jay H
"Helped me enormously and achieved a great result."
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Fantastic guys. Super professional, dedicated, understanding and tenacious. Nothing was a problem and they made me feel incredibly comfortable. They both made a hugely stressful situation as easy as it could be. Helped me enormously and achieved a great result. I cannot recommend them enough. Don't bother with anyone else - Drew and James should be the first and only stop if you require representation. Thank you both so much.
Gary Kay
"James was always available and made sure that I properly understood my options"
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Hamilton Janke assisted me with my legal matter. James was always available and made sure that I properly understood my options. His knowledge of the law was invaluable. Highly recommend
Adam Baruzzi
"I will definitely be using his services in the future if need be. Thanks again James."
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I could not be happier with the services I received from my lawyer James Janke. He is extremely efficient and professional. He was responsive to my phone calls and emails and was available to answer any questions I had. I will definitely be using his services in the future if need be. Thanks again James.
Arnold Tammekand
"He went way above what we expected and we were rewarded with a wonderful just result"
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Drew Hamilton is an extremely professional yet caring lawyer who always gives his all to his clients. He went way above what we expected and we were rewarded with a wonderful just result - would recommend time and time again including his helpful front end staff

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