In Queensland, section 469 of the Criminal Code Act 1899 defines Wilful Damage as damage caused to property intentionally and without lawful excuse. This can include damage done to public property, commercial property and private property and incorporates a wide range of acts including graffiti, vandalism and deliberate or reckless destruction of property. Importantly, the item of property need not be destroyed completely for the offence of wilful damage to be established. It is enough that the item is rendered “imperfect or inoperative”. Further, the damage does not have to be permanent or long-lasting, and may include marking, defacing, removing or altering property. It is also immaterial that the person who does the damage to the property is in possession of the property damaged, or has a partial interest, or an interest in it as joint or part owner.
Defences To Wilful Damage
A person charges with a wilful damage offence may successfully argue the following defences;
- Lack of intent – In order to be convicted of the offence of Wilful Damage, the damage caused must have been intentionally. If the damage caused occurred by accident, it does not amount to an offence.
- Consent – If the owner of the property consented the property being damaged, then the courts do not consider this to an offence of wilful damage.
- Emergency – Another defence to Wilful Damage is extraordinary emergency. It is not an offence to damage property if either you or someone is in danger of either death or serious injury.
- Duress – If a person is acting under threat of harm, duress or compulsion, for example, if they were threatened with physical harm if they did not damage the property, they might not be found guilty of the offence.
Penalties
For a simple wilful damage offence in Queensland, the offender is liable to a maximum penalty of 5 years in prison. The offender may also be subject to other penalties, including good behaviour bonds, fines, probation or community service. It is also the general practice of the court to order that an offender pay to for the damage they caused to the property to compensate the property owner.
There are special circumstances where the offence of wilful damage attracts significantly higher penalties including life imprisonment. These include;
- Destroying or damaging premises by explosion (maximum penalty life imprisonment);
- Destroying or damaging sea walls or inland water (maximum penalty life imprisonment);
- Damage a to will or other testamentary instrument (maximum penalty 14 years imprisonment)
- Damage to a vessel in distress, wreck or stranded (maximum penalty 7 years imprisonment)
- Damage to an aircraft or any part of a railway (maximum penalty 14 years imprisonment in either case)
- Damage to deeds or records kept in a public office (maximum penalty 7 years imprisonment)
- Damage by graffiti to a public place, including spraying, writing, scratching or etching (maximum 7 years imprisonment)
- Damage to property in a cemetery or crematorium (maximum penalty 7 years imprisonment)
- Damage to an educational institution (maximum penalty 7 years imprisonment)
Charged with Wilful Damage?
Our Lawyers will give you advice on the best way to progress your matter to either contest the charge or put you in the best possible position prior to sentence to get you the outcome which will allow you the most freedom possible.
