A while ago I damaged property belonging to an ex-girlfriend. I was dealing with depression and was having a rough time. It was reported to police but no charges were filed due to lack of evidence. It has been weighing on me and I feel the need to make things right and repay the money to her for the damage I did. I am worried she may still try to pursue charges against me if I make an admission. It has been two years since the incident occurred. Am I still exposed to any potential legal ramifications or prosecution? I am not saying I don’t want to make amends. I just want to know what I’m dealing with.
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 Jo Wilson, Macleod 3085 VIC
- It will depend on how much damage you did and what the dollar value of that damage was.
- If it was under $5000 the offence will be wilful damage. Wilful damage is a summary (less serious) offence and the limitation period for a summary offence is 12 months.
- If you caused more than $5000 worth of damage the offence will be destroying or damaging property. This offence is an indictable (more serious) offence. There is no limitation period for an indictable offence.
- Regardless of whether the offence was summary or indictable your ex-girlfriend may be able to bring a civil action against you for compensation for the damage you caused. The limitation period for civil actions of that nature is 6 years. However if you have voluntarily paid reasonable compensation for the damage including any consequential loss she may have less chance of success.