Adelaide Lawyers for Property Damage Charges
Property damage is a criminal offence in South Australia and is prosecuted under the Criminal Law Consolidation Act 1935 (SA). This offence includes any act of deliberate or reckless destruction or damage to another person’s property. Convictions can lead to fines, imprisonment, or compensation orders requiring the offender to pay for the damage.
What the Offence Is
Under section 85 of the Criminal Law Consolidation Act 1935(SA), a person commits the offence of property damage if they:
- Intentionally or recklessly damage property belonging to another person.
- Do not have a lawful excuse for the damage.
Property damage can include:
- Vandalism (e.g., graffiti, smashing windows).
- Destroying or damaging a car.
- Arson (deliberately setting fire to property).
- Breaking furniture, walls or belongings during a domestic dispute.
- Flooding a property property(e.g., leaving taps running to cause damage).
If the damage is caused by fire or explosion, it may beclassified as arson under section 85(3), which carries more severe penalties.
Why you Need Legal Advice
A property damage conviction can lead to jail time, a criminal record, and financial penalties. This can affect employment opportunities and future travel plans.
If you have been charged with property damage, contact Stanley & Co Lawyers on 08 7001 6135 to speak with an expert Criminal Lawyer. We offer a complimentary 30-minute, no-obligation consultation to discuss your case and advise you on your legal options.
Helpful Questions & Answers
Heading 1
Heading 2
Heading 3
Heading 4
Heading 5
Heading 6
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur.
Block quote
Ordered list
- Item 1
- Item 2
- Item 3
Unordered list
- Item A
- Item B
- Item C
Bold text
Emphasis
Superscript
Subscript
What the Prosecution Needs to Prove (Elements of the Offence)
To convict someone of property damage, the prosecution mustprove beyond a reasonable doubt that:
- The accused damaged or destroyed property – The damage can be permanent or temporary.
- The property belonged to someone else – The accused must not be the sole owner of the property.
- The accused acted intentionally or recklessly –
- Intentional damage means the accused meant to cause the damage.
- Reckless damage means the accused acted without regard to whether damage would occur.
- There was no lawful excuse – If the accused had permission or a legal right to damage the property, they may not be guilty.
The Relevant Court
Property damage can be classified as a summary or indictableoffence, depending on the severity of the damage and whether aggravatingfactors (e.g., arson, repeated offences, or public infrastructure damage) arepresent.
- Minor property damage cases – Heard in the Magistrates Court of South Australia.
- Serious cases (e.g., arson, large-scale vandalism) – Heard in the District Court of South Australia.
What Defences Are Available?
Possible defences to a property damage charge include:
- Lack of Intent or Recklessness – If the damage was an accident, the accused may not be guilty.
- Lawful Excuse – If the accused had a right or permission to damage the property (e.g., demolishing a shared property with consent).
- Mistaken Identity – If the prosecution cannot prove the accused was responsible, they may be acquitted.
- Self-Defence – If the damage was caused while defending oneself or another person (section 15 of the Criminal Law Consolidation Act 1935).
- Necessity (Duress) – If the accused was forced or under threat to commit the offence, they may argue duress.
What Are the Specific Maximum Penalties for the Offence?
Under section 85 of the Criminal Law Consolidation Act 1935(SA), penalties depend on the severity of the offence:
- Basic Property Damage – Up to 10 years' imprisonment.
- Aggravated Property Damage (e.g., using fire, explosives, or causing risk to life) – Up to 20 years' imprisonment.
- Arson (section 85(3)) – Life imprisonment if the damage endangers lives.
In addition to jail time, courts may impose:
- Fines – The amount varies depending on the damage caused.
- Compensation Orders – The offender may be required to pay for the repairs or replacement of the damaged property.
27
Combined Years Of Experience
