Can I still be charged if there is only a small amount of damage to the property?
- 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.
Read some more FAQS from our Criminal Property Law section