Have you been Charged with Threats to Destroy or Damage Property?
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What does it mean to be charged with Threats to Destroy or Damage Property?
Being charged with Threats to Destroy or Damage Property under Section 198 of the Crimes Act (“CA”) means that a person is accused of threatening to cause damage or destruction to property in a way that could cause fear or harm. The charge focuses on the use of threats rather than the actual destruction of property, and the law covers both personal and third-party property.
What are considered Threats?
Making a Threat:
- Making a threat pertains to being accused to have made a threat to another person, either verbally, in writing, or through any other means of communication.
Types of Threats:
- To Destroy or Damage Property:
- The threat involves damaging or destroying property that belongs either to the person receiving the threat, a third party, or both.
- To Destroy or Damage One’s Own Property:
- Threatening to destroy or damage your own property, but in a way that would likely endanger the life of the person receiving the threat or a third party.
Purpose is to cause fear:
- The threat must be made with the intent to cause the person receiving it to fear that the threat will be carried out. The focus is on whether the threat was made with the purpose of causing fear, regardless of whether you intended to follow through on the threat.
What must the prosecution prove?
1.You made a threat to another person without a lawful excuse
2. You threatened to:
a. Destroy or damage property belonging to another person
b. Destroy or damage your own property in a way which you knew or believed is more likely than not to endanger the life of another person; and
3. The threat was made with the purpose of causing another person to fear that it would be carried out.
Penalties for Threats to Destroy or Damage Property:
This offence carries a maximum penalty of up to 5 years imprisonment, classified as a level 6 offence.
Where will my case be heard?
This offence will be heard in either the Magistrates Court or County Court depending on the severity of the offence.
Factors and Defences to consider:
- What was the nature of the threat?
- Was your intent to provoke fear in another person?
- How did you communicate the threat?
- Was there any relationship between you and the victim?
- Did you have any lawful excuse to make the threat?
- Do you have any previous charges of a similar nature or is this a stand- alone offence?
- Do you have any mental-health conditions?
- Do you have any communication or literacy impairments?
- What were the surrounding circumstances of the offence?
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What happens next?
If you’ve been charged with threats to destroy or damage property, the first crucial step is to reach out to MK Law for immediate legal advice. Your lawyer will guide you through the complexities of your case, helping you to understand the charges against you and the potential consequences. They will review all relevant evidence, including any documentation or communications related to the allegation, and work with you to formulate a strong defence strategy tailored to your specific circumstances.
It is essential to attend all court appearances as these are critical to your case. Your lawyer will advise you on how to prepare for these hearings and what to expect during the process. They will also assist you in exploring various possible defences, negotiating potential settlements, or preparing for trial if necessary. Early legal representation is vital, as it equips you with the knowledge and support needed to navigate the legal system effectively, increasing your chances of achieving the best possible outcome.
Moreover, maintaining open lines of communication with your lawyer throughout this process is important. They will keep you informed of any developments in your case and advise you on the best course of action at each stage. If you need expert advice, don’t hesitate to call 1800 130 120 for confidential assistance tailored to your situation.
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