Criminal damage offences in Victoria involve intentionally or recklessly causing damage to property (under section 197(1) of the Crimes Act 1958 (Vic)), ranging from minor acts of vandalism to serious cases of arson causing death (section 197A Crimes Act 1958 (Vic)).
For less serious property damage, charges may be laid under Section 9(1)(c) of the Summary Offences Act 1966 (Vic), which makes it an offence to wilfully (deliberately or recklessly) damage property under $5,000.
The severity of the offence and the extent of damage caused determine whether a case is heard in the Magistrates’ Court or escalated to the County Court, where harsher penalties, including lengthy imprisonment, may apply.
The prosecutor has to prove:
Defences:
Penalties:
The prosecutor must prove that you wilfully (deliberately or recklessly) damaged property and that the value of the damage was under $5,000.
Defences:
Penalties: Maximum fine of $4,125 (25 penalty units) or up to 6 months in jail.
Case: Serious Charges Withdrawn On Questionable Motivations of Ex-partner. Our client was in a long term relationship which had ended.
Case: Full acquittal of family violence charges on appeal to the District Court. Our client is carer for her elderly
Case: Withdrawal of charges for family violence incident. Our client’s partner had mental health issues. She alleged our client kicked open
