Wilful Damage
Wilful damage is one of the most commonly reported crime in Australia. What is Wilful Damage? Wilful damage is someone “wilfully/unlawfully” damages property.
As you can imagine, this is a common occurrence. There are a few core elements that need to be present for a wilful damage charge to arise. First, the damage needs to be “wilful”. That is, you need to have done the damage on purpose. Next, the damage needs to be to property. Finally, the damage needs to be “unlawful”. Damage to wills & important registry documents (eg births, deaths and marriages) can attract higher penalties. Similarly, damage to wrecks, railways, aircraft, vessels, navigation beacons, agricultural machinery and water-related infrastructure can all attract higher penalties than a normal wilful damage charge. The maximum penalty for wilful damage is five years imprisonment. Each of the special cases we mentioned above (and others) attract different higher penalties. Defences for Wilful Damage? - Your criminal lawyers can discuss with you in detail the possible defences to a wilful damage charge. There are a number of other defences you might be able to consider for a wilful damage charge. Before talking to police or pleading guilty to such a charge, this is an area where you should definitely seek legal advice. If you’ve been charged with wilful damage reach out to us and we’d be happy to help.
