Have you been Charged with Wilful Damage?
- Over 30 years experience in the criminal justice system
- Track record of successβ
- Nationally acclaimed expertiseβ
Free Legal Advice 24/7
-
Aggravated Assault
-
Wilful Damage
-
Common Assault
-
Public Display of a Nazi Symbol or the Nazi Salute
-
Harassing a Witness
-
Recklessly Causing Serious Injury In Circumstances Of Gross Violence
-
Affray Charges In Victoria
-
Intentionally Causing Serious Injury in Circumstances of Gross Violence
-
Intentionally causing Serious Injury
-
Recklessly Causing Serious Injury
-
Intentionally Causing Injury
-
Administering Certain Substances
-
Threats to Kill and Assault Offences
-
Stalking
-
Negligently Causing Serious Injury
-
Extortion With Threat to Kill
-
Extortion, With Threats to Destroy and/or Endanger Property
-
Threatening to Prevent Arrest
-
Using a Firearm in the Commission of an Offence
-
Being Armed with Criminal Intent
-
Kidnapping
-
Robbery
-
Armed Robbery
-
Aggravated Burglary
-
Home Invasion
-
Aggravated Home Invasion
-
Arson
-
Criminal Damage
-
False Imprisonment
-
Public Nuisance
-
Riot
-
Rout Offence
-
Unlawful Assembly
-
Intentionally Causing a Very Serious Disease
-
Carjacking
-
Aggravated Carjacking
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 (βSOAβ). It occurs when a person trespasses onto property and intentionally damages, destroys, pollutes, or obstructs another personβs 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 neighbourβs fish tank
- Poisoning a neighbourβs 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 Magistratesβ 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 defendantβs clean record and completion of anger management sessions.
Decision: The court granted a diversion, leaving the defendant without a criminal record.
-
Aggravated Assault
-
Wilful Damage
-
Common Assault
-
Public Display of a Nazi Symbol or the Nazi Salute
-
Harassing a Witness
-
Recklessly Causing Serious Injury In Circumstances Of Gross Violence
-
Affray Charges In Victoria
-
Intentionally Causing Serious Injury in Circumstances of Gross Violence
-
Intentionally causing Serious Injury
-
Recklessly Causing Serious Injury
-
Intentionally Causing Injury
-
Administering Certain Substances
-
Threats to Kill and Assault Offences
-
Stalking
-
Negligently Causing Serious Injury
-
Extortion With Threat to Kill
-
Extortion, With Threats to Destroy and/or Endanger Property
-
Threatening to Prevent Arrest
-
Using a Firearm in the Commission of an Offence
-
Being Armed with Criminal Intent
-
Kidnapping
-
Robbery
-
Armed Robbery
-
Aggravated Burglary
-
Home Invasion
-
Aggravated Home Invasion
-
Arson
-
Criminal Damage
-
False Imprisonment
-
Public Nuisance
-
Riot
-
Rout Offence
-
Unlawful Assembly
-
Intentionally Causing a Very Serious Disease
-
Carjacking
-
Aggravated Carjacking
Testimonials
What people Say
St Kilda, Victoria 3182
1800 130 120
-
I found myself again before the magistrates court for an indictable offence, I was worried about receiving a jail sentence because of my age and h... Read MoreI found myself again before the magistrates court for an indictable offence, I was worried about receiving a jail sentence because of my age and history, but once I spoke to Jasmin Dhillon and the MK Law team, all my worries were taken away! Jasmin took the time to explain to me the process and kept me informed every step of the way, she has a deep understanding of the law and a genuine heartfelt commitment to achieving the best possible outcome for her clients. Thanks to her hard work and expertise, we achieved a no conviction outcome which has enabled me to continue working hard and pursue my dream career! I am forever grateful for their service and would highly recommend the MK Law team to anyone in need of legal assistance, they are truly dedicated and one of a kind in their field. Read Less55/5
-
I recently used the services of Marie Lukic of MK law. She is very professional, dedicated and knowledgeable lawyer. Extremely grateful to have Ma... Read MoreI recently used the services of Marie Lukic of MK law. She is very professional, dedicated and knowledgeable lawyer. Extremely grateful to have Marie who did exceptional job. I would highly recommend Marie Lukic of MK law firm. π Read Less55/5
-
Thanks Marcus Denning for being with me from start to end and to give me a fantastic outcome from my trial..πππππππππFi... Read MoreThanks Marcus Denning for being with me from start to end and to give me a fantastic outcome from my trial..πππππππππFirst time getting charged, didn't know what to do. I was like a fish out of water. Started to research some law firms and mk law popped did some background checks and found good info about the firm. So I stuck with them and i don't regret nothing about my experience with mk law..... Read Less55/5
-
I am jagmohan truely grateful and thankful for Jasmin Dhillon from MK Law who did an exceptional job on my case. She is highly skilled, talented ... Read MoreI am jagmohan truely grateful and thankful for Jasmin Dhillon from MK Law who did an exceptional job on my case. She is highly skilled, talented and amazing at what she does. I could not have asked for anymore. I was nervous at first, but Jasmin made me feel at ease and confident going into my case. If I ever have any issues in the future, I will confidently go with Jasmin Dhillon . And thank you to the exceptional MK Law team. Read Less55/5
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 itβs 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.Β
Free Legal Advice 24/7
Contact Us
Call Anytime For Free Legal Advice 24/7
Top 5 firms by reputation dealing with traffic and criminal law matters.
- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au