About Criminal Damage
Learn more about criminal damage charges in WA.
When you're ready make a quick enquiry.
- Our Process
- The Law
- Possible Defences
- Possible Outcomes
FreePhone case assessment
Lets talk about your situation confidentially. We will discuss the alleged criminal damage in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with our criminal damage lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for respresentation throughout the process you can then decide if you would like them to act on your behalf to drop charges or represent you in court.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with criminal damage case experience
Meet with lawyers who have successfully represented clients charged with criminal damage.
- Past Cases
- Good Results
- Happy Clients
Criminal Damage
Criminal code offence
Section 444
“Any person who wilfully and unlawfully destroys or damages any property is guilty of a crime."
Elements of the offence
- ‘A person’ - Means an individual
- ‘Unlawfully’ - Unlawful means an act which causes injury to the property of another without their consent unless it is authorised, justified or excused by law.
- ‘Wilfully destroy or damage’ - Means where a person intends to or knowing or believing that the act is likely to damage or destroy the property and as a result of their act, the property is damaged or destroyed, it is held that the person has wilfully destroyed or damaged the property.
What the Police & Prosecution must prove in court to secure a stealing criminal conviction
- The onus is always on the Prosecution to prove the elements of the offence.
- The Prosecution for this offence will be the WA Police or the Office of the Director for Public Prosecutions (ODPP), “State Lawyers”.
- This type of offence is called an either way offence. This means that it can be dealt with by Police and a Magistrate in the Magistrates Court or the State lawyers and a Judge in the District Court.
- The Police Prosecutions or State lawyers must prove the elements of the offence beyond a reasonable doubt. This is the highest standard of proof known to the law, although it is not unreachable.
For this offence, the prosecution must prove the following elements beyond reasonable doubt:
- That the accused person wilfully did an act OR unlawfully did an act; and
- That act resulted in damage or destruction to property, including livestock, vegetation, living things or inanimate objects.
How they might prove this
- The Prosecution may rely upon witness statements from witnesses, Investigating Officers, Police Officers, civilian witnesses and the complainant.
- DNA or forensic data such as fingerprints may be used depending on the circumstances.
- CCTV footage or photographic images are often used to prove damage or destruction of property.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with criminal damage case experience
Meet with lawyers who have successfully represented clients charged with criminal damage.
- Past Cases
- Good Results
- Happy Clients
If we can prove one of these defences together...
- There could be no criminal conviction recorded.
- You could have charges dropped before your court date.
- You could have the case thrown out of court.
- You could be found innocent in court.
Accident
A person is not criminally responsible for an event which occurs by accident. If it can be shown that the damage was not done wilfully and unlawfully by means of an accident or necessity.
Duress
Where a person believes there is a threat and the threat will be carried out and to prevent the threat from being carried out, they commit the offence.
Emergency
A person may not be criminally responsible for an act done if they reasonably believe that it was an emergency and the act done was necessary and a reasonable response to the situation.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with criminal damage case experience
Meet with lawyers who have successfully represented clients charged with criminal damage.
- Past Cases
- Good Results
- Happy Clients
What’s taken into account if you’re found guilty...
- The circumstances of the stealing
- Your criminal history
- If you are a person of good character
- Your personal life and mental health
- If you show remorse
Prison sentence
Any person who wilfully and unlawfully destroys or damages any property is liable if the matter is dealt with summarily in the Magistrates Court to a term of imprisonment of up to 3 years. The matter is dealt with summarily in the Magistrates Court if the property destroyed or damage does not exceed a value of $25,000.00 and was not destroyed or damaged by fire or in circumstances of racial aggravation.
If the property subject to the charge is damaged by fire, the matter becomes a very serious offence that must be dealt with by the Supreme Court. The maximum penalty for criminal damage by fire is imprisonment for life as it falls within the similar category to arson.
If the property is not destroyed or damaged by fire, but is sufficiently serious enough in circumstances and value to be dealt with on indictment, the maximum penalty the District Court may impose is a term of imprisonment for up to 10 years.
If the property subject to the charge is not destroyed or damaged by fire but the offence is committed in circumstances of racial aggravation, the offence must be dealt with on indictment in the District Court and the maximum penalty is a term of imprisonment of up to 14 years.
Fine
A fine is an amount of money that a judge, magistrate or justice of the peace in court may order you to pay as a penalty for committing an offence. A fine may be the whole sentence (penalty) or just part of the sentence you receive for the offence. You may be handed a fine by a magistrate when found guilty of stealing
If the matter is dealt with summarily in the Magistrates Court the fine is up to $36,000.00
Your solicitor can assist you in terms of ensuring you recieve the lowest fine possible through a process of mitigation.
If a court imposes a fine on you, you have 28 days to pay that fine and any court costs that were also ordered to be paid. The total amount of fine and costs is referred to as your “fine” when it comes to payment and enforcement of payment.
Not guilty
If you are found not guilty, the charge will be dismissed, there will be no penalties and you are free to go.
If you have incurred any specific costs associated with your trial, including your legal fees, your legal team can ask the court to consider them. The court may order that you be reimbursed.
Being found not guilty means that no conviction will be recorded on your criminal record.
Charges dropped
Our lawyers will relentlessly fight to have your charges dropped if it is clear that there is a suitable legal route to do so. For clients this is the best possible outcome.
Only the prosecution can drop charges, against popular belief that it is possible for the victim to do so.
For this to occur, it's vital you seek legal advice urgently to allow your lawyer enough time to take steps to have charges dropped.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with criminal damage case experience
Meet with lawyers who have successfully represented clients charged with criminal damage.
- Past Cases
- Good Results
- Happy Clients
Our Process
FreePhone case assessment
Lets talk about your situation confidentially. We will discuss the alleged criminal damage in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with our criminal damage lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for respresentation throughout the process you can then decide if you would like them to act on your behalf to drop charges or represent you in court.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with criminal damage case experience
Meet with lawyers who have successfully represented clients charged with criminal damage.
- Past Cases
- Good Results
- Happy Clients
The Law
Criminal Damage
Criminal code offence
Section 444
“Any person who wilfully and unlawfully destroys or damages any property is guilty of a crime."
Elements of the offence
- ‘A person’ - Means an individual
- ‘Unlawfully’ - Unlawful means an act which causes injury to the property of another without their consent unless it is authorised, justified or excused by law.
- ‘Wilfully destroy or damage’ - Means where a person intends to or knowing or believing that the act is likely to damage or destroy the property and as a result of their act, the property is damaged or destroyed, it is held that the person has wilfully destroyed or damaged the property.
What the Police & Prosecution must prove in court to secure a stealing criminal conviction
- The onus is always on the Prosecution to prove the elements of the offence.
- The Prosecution for this offence will be the WA Police or the Office of the Director for Public Prosecutions (ODPP), “State Lawyers”.
- This type of offence is called an either way offence. This means that it can be dealt with by Police and a Magistrate in the Magistrates Court or the State lawyers and a Judge in the District Court.
- The Police Prosecutions or State lawyers must prove the elements of the offence beyond a reasonable doubt. This is the highest standard of proof known to the law, although it is not unreachable.
For this offence, the prosecution must prove the following elements beyond reasonable doubt:
- That the accused person wilfully did an act OR unlawfully did an act; and
- That act resulted in damage or destruction to property, including livestock, vegetation, living things or inanimate objects.
How they might prove this
- The Prosecution may rely upon witness statements from witnesses, Investigating Officers, Police Officers, civilian witnesses and the complainant.
- DNA or forensic data such as fingerprints may be used depending on the circumstances.
- CCTV footage or photographic images are often used to prove damage or destruction of property.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with criminal damage case experience
Meet with lawyers who have successfully represented clients charged with criminal damage.
- Past Cases
- Good Results
- Happy Clients
Possible Defences
If we can prove one of these defences together...
- There could be no criminal conviction recorded.
- You could have charges dropped before your court date.
- You could have the case thrown out of court.
- You could be found innocent in court.
Accident
A person is not criminally responsible for an event which occurs by accident. If it can be shown that the damage was not done wilfully and unlawfully by means of an accident or necessity.
Duress
Where a person believes there is a threat and the threat will be carried out and to prevent the threat from being carried out, they commit the offence.
Emergency
A person may not be criminally responsible for an act done if they reasonably believe that it was an emergency and the act done was necessary and a reasonable response to the situation.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with criminal damage case experience
Meet with lawyers who have successfully represented clients charged with criminal damage.
- Past Cases
- Good Results
- Happy Clients
Possible Outcomes
What’s taken into account if you’re found guilty...
- The circumstances of the stealing
- Your criminal history
- If you are a person of good character
- Your personal life and mental health
- If you show remorse
Prison sentence
Any person who wilfully and unlawfully destroys or damages any property is liable if the matter is dealt with summarily in the Magistrates Court to a term of imprisonment of up to 3 years. The matter is dealt with summarily in the Magistrates Court if the property destroyed or damage does not exceed a value of $25,000.00 and was not destroyed or damaged by fire or in circumstances of racial aggravation.
If the property subject to the charge is damaged by fire, the matter becomes a very serious offence that must be dealt with by the Supreme Court. The maximum penalty for criminal damage by fire is imprisonment for life as it falls within the similar category to arson.
If the property is not destroyed or damaged by fire, but is sufficiently serious enough in circumstances and value to be dealt with on indictment, the maximum penalty the District Court may impose is a term of imprisonment for up to 10 years.
If the property subject to the charge is not destroyed or damaged by fire but the offence is committed in circumstances of racial aggravation, the offence must be dealt with on indictment in the District Court and the maximum penalty is a term of imprisonment of up to 14 years.
Fine
A fine is an amount of money that a judge, magistrate or justice of the peace in court may order you to pay as a penalty for committing an offence. A fine may be the whole sentence (penalty) or just part of the sentence you receive for the offence. You may be handed a fine by a magistrate when found guilty of stealing
If the matter is dealt with summarily in the Magistrates Court the fine is up to $36,000.00
Your solicitor can assist you in terms of ensuring you recieve the lowest fine possible through a process of mitigation.
If a court imposes a fine on you, you have 28 days to pay that fine and any court costs that were also ordered to be paid. The total amount of fine and costs is referred to as your “fine” when it comes to payment and enforcement of payment.
Not guilty
If you are found not guilty, the charge will be dismissed, there will be no penalties and you are free to go.
If you have incurred any specific costs associated with your trial, including your legal fees, your legal team can ask the court to consider them. The court may order that you be reimbursed.
Being found not guilty means that no conviction will be recorded on your criminal record.
Charges dropped
Our lawyers will relentlessly fight to have your charges dropped if it is clear that there is a suitable legal route to do so. For clients this is the best possible outcome.
Only the prosecution can drop charges, against popular belief that it is possible for the victim to do so.
For this to occur, it's vital you seek legal advice urgently to allow your lawyer enough time to take steps to have charges dropped.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with criminal damage case experience
Meet with lawyers who have successfully represented clients charged with criminal damage.
- Past Cases
- Good Results
- Happy Clients
