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Wilful Damage and Criminal Damage Laws in Victoria

Wilful
Damage

Wilful Damage is a summary offence under section 9 of the Summary Offences Act 1966 (Vic). It involves intentionally damaging, destroying, polluting, or obstructing property belonging to another without lawful excuse, where the value of the damage is less than $5,000. This type of offending can be heard in the Magistrates’ Court.

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Penalties: The maximum penalty for wilful damage is a fine of 25 penalty units or six months imprisonment.

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Defences: Common defences include lack of intent, consent, necessity, or duress.

Criminal Damage

Criminal Damage is a more serious indictable offence set out in section 197 of the Crimes Act 1958 (Vic). It involves intentionally and without lawful excuse destroying or damaging any property belonging to another or to oneself and another.

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Penalties: The maximum penalty for criminal damage is level 5 imprisonment, which is up to 10 years.

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Defences: Similar to wilful damage, defences can include lack of intent, consent, mistaken identity, and duress.

The Need for a Criminal Lawyer

You need a specific skill set to navigate the judicial system. Our legal practitioners have the experience and knowledge to assist you through this process from beginning to end because we understand the system.

 

Having a criminal defence lawyer in Melbourne advocating for you, who has well established professional relationships within the criminal justice system throughout Melbourne metropolitan and regional Victoria will set you up for success.

 

Our focus is on analysing the evidence and weight of the case against you and considering possible defences. We protect your rights and interests, and provide you with the knowledge and advice you need to get the best outcome. Our lawyers appear in all criminal jurisdictions and courts.

 

Our legal practitioners offer the personalised attention you deserve. We will use our experience to protect your interests, and advise all our clients of the consequences associated with resolving a matter quickly or pleading guilty to a charge to avoid the stress of going to court. A conviction against you will reflect on your criminal record and may have long-lasting effects. Ultimately, we strive to ensure your future by contesting charges which may result in difficulties down the track like finding a job, travelling abroad and even impacting your migration or visa status.

Assessing Melbourne Criminal Law Firms? Why Choose Us?

Your rights and interests are our priority. Everyone should have access to justice and high-quality legal services. Our Melbourne criminal law firm works hard, advocating in your best interest even when there is a strong prosecution case against you. We work hard to achieve the best possible outcome for you. Reach out to us for a free consultation.

These are the different property offences we deal with: 

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