Wilful damage covers everything from a broken window to graffiti. Whether the damage was wilful, and whose property it was, are often the real issues. Talk to Joseph Rahim about your charge.
Free, confidential first consultation. No obligation.
Wilful damage is an offence under the Criminal Code Act 1899 (Qld). The prosecution has to prove you unlawfully and wilfully destroyed or damaged property.
Intending to cause the damage, or knowingly risking damage that was likely. Conduct that causes no physical change to the property is not damage.
Some kinds of damage are treated more seriously, including graffiti, and damage to places of worship, cemeteries, schools and emergency vehicles.
Pick the one closest to your situation and a chat opens with it already said. No forms, and you can call instead at any time.
Every matter is different, but most follow this order.
You may be asked to take part in an interview. You have the right to remain silent, but you must give your name and address when asked. Get advice before you say anything else.
You are charged and given a court date, sometimes on bail with conditions. Read the conditions carefully; breaching them is an offence.
Charges usually start in the Magistrates Court. For people charged in or around Cairns, that is usually the Cairns Magistrates Court on Sheridan Street.
The matter is resolved by a plea of guilty, a hearing or trial, or the charge being withdrawn. More serious charges can be sent to a higher court.
Having a partial or joint interest in the property does not make damaging it lawful. This often comes up between partners or housemates.
Damaging property in a domestic relationship can be recorded as a domestic violence offence, which appears on your criminal history.
Joseph Rahim, Principal. LLB (First Class Honours), Grad Dip LP. Member, Queensland Law Society. About Joseph
When you call Coral Coast Law, you speak with Joseph Rahim, and he handles your matter himself.
Wilful means intending the damage, or knowingly risking damage that was likely. An accident raises a different question.
Yes. A partial or joint interest does not make the damage lawful.
Yes, and it is one of the special cases treated more seriously.
Yes. It is free, confidential and comes with no obligation.
Didn’t see your question? Ask it in chat.
The sooner you get advice, the more can be done. Tell Joseph what has happened and find out exactly where you stand, with no cost and no pressure.
0447 028 080This page is general information about Queensland law. It is not legal advice. Every matter turns on its own facts, so speak with us about yours.
