What a Charge of Malicious Damage Means
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What is malicious damage?
A charge of malicious damage concerns internationally or recklessly damaging or destroying property.
The offence is contained in section 195 of the Crimes Act 1900 (NSW) and prescribes:
1. A person who intentionally or recklessly destroys or damages property belonging to another or to that person and another is liable—
- to imprisonment for 5 years, or
- if the destruction or damage is caused by means of fire or explosives, to imprisonment for 10 years.
1A. A person who, in the company of another person or persons, intentionally or recklessly destroys or damages property belonging to another or to that person and another is liable—
- to imprisonment for 6 years, or
- if the destruction or damage is caused by means of fire or explosives, to imprisonment for 11 years.
2. A person who, during a public disorder, intentionally or recklessly destroys or damages property belonging to another or to that person and another is liable—
- to imprisonment for 7 years, or
- if the destruction or damage is caused by means of fire or explosives, to imprisonment for 12 years.
What are the defences to a charge of malicious damage?
On a case-by-case basis, our criminal lawyers at the Australia Legal Practice may be able to defend a charge of malicious damage if:
For example:-
- Self-defence – Your actions were in the protection of yourself or another (including property), resulting in self-defence.
- Duress – The threats of another party forced you to act in a certain way, equating to duress.
- Necessity – It can be proved your actions were in necessity to prevent an ensuing greater harm.
Options when charged with malicious damage
Subject to your circumstances, you may choose either to:
- Plead guilty – Admit to committing the offence and breaking the law
- Plead not guilty – Deny committing the offence and breaking the law
If you decide to plead not guilty, our experienced criminal lawyers will vehemently protect your rights so that you get the best possible defence.
The best way to get off a malicious damage charge is to contact our experienced criminal lawyers. Our solicitors at the Australian Legal Practice have extensive experience and specialise in malicious damage offences. We provide tailored advice and are armed with the right knowledge to fight your case.
If your matter is urgent, call (02) 8084 9929 today to arrange a free initial consultation.
Frequently Asked Questions
1) What is malicious damage in NSW?
Malicious damage is a criminal offence involving intentionally or recklessly damaging or destroying property.
This includes damage to property that belongs to someone else, or even property that is jointly owned.
2) What law covers malicious damage in NSW?
Malicious damage offences are contained in section 195 of the Crimes Act 1900 (NSW).
The section covers a range of situations, including damage caused intentionally or recklessly, and damage committed in more serious circumstances such as in company, during public disorder, or using fire or explosives.
3) What are the penalties for malicious damage in NSW?
Penalties depend on how the damage occurred and the circumstances of the offence.
Under section 195, maximum penalties can include:
Up to 5 years imprisonment for general malicious damage
Up to 10 years imprisonment if the damage is caused by fire or explosives
Higher maximum penalties if the offence occurs in company or during a public disorder, including up to 12 years in the most serious cases
4) What defences are available for a malicious damage charge?
Defences depend on the facts of the case, but common legal defences may include:
Self-defence (including defence of another person or property)
Duress (you were forced or threatened into acting)
Necessity (your actions were required to prevent a greater harm)
A lawyer can assess whether one of these defences applies to your matter.
5) What are my options if I’m charged with malicious damage?
If you are charged, you generally have two options:
Plead guilty (admit the offence)
Plead not guilty (contest the charge)
If you plead not guilty, your lawyer can challenge the prosecution case, negotiate for withdrawal or downgrade of charges, and fight for the best possible outcome.
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