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Can I be charged too?

My brother and I trashed my Department of Housing house. He did most of the damage. I only kicked in one window.
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 11-11-2015
1 Lawyer Answered
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  1. Criminal Property Law
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Pearl Beaumont, Bronte 2024 NSW

  • You are both liable for criminal damage. From your brief description you have aided and abetted your brother in the commission of the offence and vice versa. You will most likely be charged as co-accused.
  • If you have been engaged in the activity together it does not matter who did the damage. You are both responsible for what the other has done. Your cases will be dealt with together relying on the total amount of damage caused by both of you.
  • If you are convicted your lesser role can be taken into account in sentencing. This means you may receive a lesser penalty than your brother. 

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