• No. Victim’s compensation schemes apply only to personal injuries or emotional harm.
• However if the police are able to prosecute those responsible you can speak to a lawyer about:
  • making an application for compensation under the Sentencing Act 1991 (Vic) or through similar victim’s compensation schemes in other states; or
  • bringing a civil action against the perpetrators for damages.

• Damage means the permanent or temporary reduction of use or value. It can include things like:
  • defacing an item such as by graffiti or other mutilation;
  • sabotaging a machine;
  • erasure of electronic data; or
  • dumping waste upon land.

• The offence of arson relates to criminal property damage where the property is destroyed by fire.

• In order to prove the offence of arson the prosecution need to prove that the juvenile (young) offender knew that their actions would more than likely result in destroying or damaging property by fire.
• The age of the offender may be relevant in assessing whether they knew their actions would result in the property being damaged or destroyed.
• Different procedures exist to deal with juvenile offenders. See our topic on Juvenile Justice for more information about the procedures that apply and the range of penalties available.

• Possibly. If it is your first offence you may escape a conviction.
• If you have prior convictions for similar offences or the offence was committed as part of a series of offences you are more likely to be convicted.
• If you need more specific information about your situation you can use our free and anonymous Ask a Lawyer service.

• The offence of destroying or damaging property is an indictable offence. This means that it is a serious offence and an accused person has the right to have the matter tried before a judge and jury.
• Some offences are called ‘indictable triable summarily.’ This means that an accused person can apply to have an indictable (more serious) charge heard and determined by a magistrate in the Magistrates’ Court.
• The offence of destroying or damaging property (criminal damage) is an indictable offence that can be heard and determined summarily by a magistrate.
• There are benefits to having a matter heard in a lower court including:
  • the process can be quicker;
  • magistrates can only impose a maximum of 2 years imprisonment on a single charge; and
  • if you are found guilty it is easier to appeal.
• When determining whether or not to hear the matter the magistrate will consider:
  • the seriousness of the offending;
  • whether the offence was part of a series of offences;
  • the complexity of the evidence;
  • whether there are any co-accused and which court their matters were heard in;
  • whether the sentencing options available to the magistrate are adequate for the offending alleged; and
  • whether the police or prosecution agree.
• Sometimes the prosecution will agree to have the matter heard by a magistrate if you agree to plead guilty to the charge thereby dispensing with the requirement for a full trial.
• The decision ultimately rests with the magistrate.
• If you have been charged with a criminal property damage offence our LegalPlan™ membership will allow you to ask lawyers to handle your matter for a Fixed Fee Quote.

• Property includes
  • ‘real property’ such as land or dwellings upon the land; and
  • ‘personal property’ such as cash or motor vehicles.

• Yes if the property is jointly owned with another person such as a jointly owned house.
• If the property is owned wholly by you the offences of wilful damage or destroying or damaging property do not apply.
• The exception is lawful Australian currency. This must not be damaged or destroyed even if it is owned by you.
• If property is destroyed in order to make a claim on insurance then the offence of criminal damage with a view to gain may have been committed.
• You can use our Phone a Lawyer service for a preliminary legal consultation if you think you may need legal advice.

• If the damage done to the property is under $5000 in value you can be charged with wilful damage. This is a summary (less serious) offence and is dealt with by a magistrate in the Magistrates’ Court.
• The fact that a small amount of damage was done does not mean you will not be charged with wilful damage. You may still get a criminal record.

The amount of damage becomes relevant when considering what the most appropriate penalty should be such as whether the charge should be dismissed or a fine be imposed.