WHAT IS MEANT BY CRIMINAL DAMAGE?
An individual who intentionally destroys or damages a piece of property without any lawful excuse is considered to be guilty of criminal damages. Following are the various conditions under which criminal damages are likely to be applied:
An individual who damages another’s property without any lawful excuse which may include anything except the building and vehicle; or the one who intends to damage property; or is recklessly indifferent about whether their conduct damages property.
Subject to any of these conditions, an individual is considered to be guilty. It will serve you good to get in touch with experienced criminal damage lawyers in Perth to achieve the best possible results.
THE DIFFERENT ASPECTS OF CRIMINAL DAMAGE:
The key aspect which matters in a case of criminal damage is that of intent. Which constitutes the following points:
- Did the accused have prominent knowledge regarding the existence of the property?
- Did the accused have enough knowledge that their conduct may damage the property?
- Was the accused aware of the risks involved?
- Did the accused proceed with the unlawful conduct despite having known the risks involved?
- Is there enough evidence regarding the cause of the damage?
- Was there any understanding on the part of the defendant?
You should know whom to approach if you have been charged with criminal damages. Call on the best Criminal Defence Lawyers in Perth for any kind of crime related to criminal damages. Get in touch with our highly trained team of Criminal Defence Lawyers in Perth and we will assist you at every step of the legal pathway.
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THE PENALTIES LINKED TO CRIMINAL DAMAGES:
The maximum penalty for criminal damages is up to 10 years if the hearing happens in the District Court.
- If the destruction was caused by fire, the penalty will be increased to 14 years.
- If the damage was caused in circumstances of racial aggravation also, the penalty is 14 years.
- If the damage was caused by fire due to circumstances of racial aggravation, the penalty will be 20 years. But in case, the damage is less than $25,000, it is up to the Magistrates’ Court to decide the extent of penalty.
In order to achieve the best possible results, you can seek the help of the most experienced Criminal Defence Lawyers in Perth, for a favourable outcome.
POSSIBLE DEFENCES RELATED TO CRIMINAL DAMAGE:
The possible defences that may apply to criminal damages vary from anything including duress, emergency, accidental, lack of intention to willfully damage or destroy, or even insanity.
Criminal damage cases are usually pursued in a Magistrates’ Court but if the damage is serious, the Prosecution has the right to request for the case to be transferred to the District Court. That’s when the matter should not be taken lightly. Our team of highly dedicated Criminal Damage Lawyers in Perth can assist you throughout the legal process.