Have you been Charged with Wilful Damage?
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What does it mean to be charged with wilful damage?
Wilful damage is a criminal offence defined under section 9 of the Summary Offences Act 1966 (“SOA”). It occurs when a person trespasses onto property and intentionally damages, destroys, pollutes, or obstructs another person’s property, goods, or materials without consent. It also includes situations where trespassing could lead to a breach of the peace.
Wilful damage often accompanies other property damage charges, such as wilful destruction of property. It can be pursued as an alternative charge by police if property damage charges cannot be proven. This offence is also considered a less serious alternative to criminal damage, making it a charge that can sometimes be negotiated.
Examples of Wilful Damage:
Common examples of wilful damage include:
- Polluting a neighbour’s fish tank
- Poisoning a neighbour’s lawn
- Hammering nails into the wheels of a car valued under $5,000
Police Interview:
If accused of wilful damage, you may be requested to attend a formal police interview. This interview is often recorded as part of the evidence against you. By this stage, police may have already gathered evidence, including witness statements, which they may not disclose during the interview.
Before the interview, you have the right to consult a lawyer for legal advice and representation. We provide specialised advice to help you prepare for the interview, ensuring you do not unintentionally harm your defence. While you must provide your name, date of birth, and passwords to electronic devices when requested, you have the right to remain silent otherwise.
Questions to Consider Before Pleading Guilty or Not Guilty:
To assess your chances of success in defending against a wilful damage charge, consider the following:
- Does the prosecution have a strong case?
- Did you trespass on the property?
- Did you own the property in question?
- Was the damage intentional or accidental?
- Did you believe you had consent to damage the property?
- Were you acting with lawful excuse or in self-defence?
Our lawyers can help you navigate these considerations and decide on the best course of action.
What must the prosecution prove?
For a conviction, the prosecution must prove beyond reasonable doubt that:
- You intentionally damaged or destroyed property valued under $5,000You had no lawful excuse, and the property owner did not consent
- You trespassed and refused to leave the property when instructed by an authorised person
- Your actions caused or were likely to cause a breach of the peace
Penalties for wilful damage:
If found guilty of wilful damage, the court can impose penalties including:
- Imprisonment: Up to 6 months
- Fines: Up to 25 penalty units
- Community Corrections Order: With or without conviction
- Diversion Order: For first-time offenders
- Adjourned undertaking: A promise to be of good behaviour
- Discharge or dismissal: In some cases
Where Will My Matter Be Heard?
Wilful damage cases are heard in the summary jurisdiction of the Magistrates’ Court of Victoria.
Factors and Defences to consider:
If pleading not guilty, possible defences include:
- Denial of causing the damage
- Lack of intent to damage the property
- Lawful justification or excuse
- Self-defence or acting under duress
- Alibi or mistaken identity
Recent Wilful Damage Case:
Charges: Wilful damage and assault
Facts: A defendant in their 20s damaged a valuable antique cabinet and threatened the victim with a knife. They pleaded guilty, and our lawyers negotiated a diversion order due to the defendant’s clean record and completion of anger management sessions.
Decision: The court granted a diversion, leaving the defendant without a criminal record.
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What happens next?
If you have been charged with wilful damage, the next steps are critical in determining the outcome of your case. First and foremost, it is essential to seek legal advice from an experienced criminal lawyer who can guide you through the process and help you understand your options.
If you have not yet attended a police interview, you may be asked to do so, and it’s important to be prepared. Your lawyer can help you navigate the interview, ensuring that your rights are protected and that you do not inadvertently harm your defence. If necessary, a bail application may be required, and if granted, you will be released with or without certain conditions.
Your lawyer will then review the evidence against you, including witness statements and any relevant materials, while also gathering evidence in your favour. Negotiations with the prosecution may also take place, with the possibility of reducing the charge to a less serious offence. Throughout this process, your lawyer will work to build the strongest possible defence, aiming for the most favourable outcome based on the circumstances of your case. Ring 1800 130 120 today.
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