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Destroy Damage Property

We are here to help if you’ve been charged with destroy or damage property, or malicious damage. You can read more information on this charge below. In addition, you can book a free initial consultation to speak with our experienced criminal lawyers.

What counts as damage property?

Property does not have to be permanently damaged, or irreparable. Instead, it just needs to be unusable or not easily fixed.

You can be charged with damaging your own property if police can prove that the property is jointly owned with another person.

Can I avoid a criminal record for destroy damage property?

Yes, it’s possible to avoid a criminal conviction.

The court will consider a number of different factors to determine whether a conviction will be recorded. For example, the seriousness of the offence, your criminal history and your subjective circumstances.

Will I go to jail?

It’s possible to go to jail for this offence. In NSW, the maximum penalty is 5 years imprisonment.

Jail is unlikely for first time offenders. Most offenders will receive a conditional release order or community corrections order. However, the chance of jail increases if the circumstances are serious and the person has a criminal history.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

Destroyed or damaged property; and
The damage was inflicted intentionally or recklessly; and
The property belonged to another person, or was jointly owned.

Therefore, you will be found not guilty if the prosecution is unable to prove these elements, or you can establish that you acted in self-defence or under duress.

We can help

Affray

We are here to help if you’ve been charged with affray. We are committed to helping you obtain the best possible outcome for your case.

Definition of Affray

An affray is when two or more people engage in conduct, or threats, that would cause fear to anyone who observed the conduct.

The conduct can be words alone. Therefore, no physical contact needs to occur. Additionally, there does not actually need to be someone at the scene observing the incident. The offence can be proven if the person’s conduct would cause another to fear for their safety, whether or not that person was in fact present at the time.

Examples

This charge will usually be laid when there is a group of people involved in a fight or melee in a public place. A common example is when there is a fight in a pub or at a sports game.

Can I avoid a criminal record for affray?

A court will usually record a conviction for this offence. Depending of the seriousness of the offence, the most common penalty for first time offenders is a conditional release order or community correction order. First time offenders can be sentenced to imprisonment if the circumstances of the offence are serious.

However, it is possible to avoid a criminal conviction. The likelihood of this outcome depends on the degree of violence, the circumstances of the offence, and the subjective circumstances of the offender.

Will I go to jail?

This offence carries a maximum penalty of 5 years imprisonment. Therefore, for serious examples of this offence, the court can consider a term of imprisonment. This includes first time offenders.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

1. Threatened unlawful violence to another; and

2. Your conduct would cause another person of ‘reasonable firmness’ present at the scene to fear for their safety

If the prosecution is unable to prove these elements, or you can establish that you acted in self-defence, then you may be acquitted of the charge.

We can help

We have successfully defended charges of affray. In addition, we have had the charge withdrawn by negotiating with police. However, if you wish to plead guilty, we will work with you to ensure you prepare a strong subjective case in order to seek leniency from the court.

Obtain Benefit By Deception

If you’ve been charged with obtain benefit by deception, we are here to help. We’re committed to providing you with quality advice, and assisting you to obtain the best possible outcome for your case.

Examples of obtaining a benefit by deception

Obtaining a benefit by deception, also known as fraud, involves:

Dishonestly obtaining property belonging to someone else, or
Obtaining a financial advantage, or
Causing someone else a financial disadvantage.

For example:

Using someone else’s credit card without their consent
Paying for a product or service with a fake cheque
Changing a barcode on a product to purchase the product for a cheaper price
Transferring money from a work bank account to a personal bank account without authorisation

An alternative charge for fraud is larceny.

Can I avoid a criminal record for obtain benefit by deception?

The court takes these offences extremely seriously. It is the type of matter where ‘general deterrence’ is an important matter for the court to consider during sentencing. In other words, a court will sentence a person in a way that will deter others from committing the same offence. As a result, avoiding a conviction is difficult.

In deciding whether or not to record a conviction, the court will consider your criminal history, the seriousness of the offence, and your subjective circumstances.

A conditional release order will likely be imposed if no conviction is recorded.

Will I go to jail?

The maximum penalty is 10 years imprisonment. However, the maximum penalty is 2 years if dealt with by a Local Court.

It is therefore possible to receive a term of imprisonment for this offence. However, there are other options available to the court, such as an intensive corrections order or community corrections order. Full time imprisonment is unlikely if you do not have a criminal history and the offence is not too serious.

Can I defend an obtaining benefit by deception charge?

Yes. For example:

You were of the belief that you were lawfully entitled to do what you did
You acted under duress
There was no dishonesty or deception
You did not obtain an advantage or cause a disadvantage

We can help

Our lawyers appear in criminal matters in the Local Court and District Court throughout Sydney, Newcastle and New South Wales. We can help you defend the charge, or prepare to receive the best possible sentence.

Larceny

Larceny is commonly referred to as shoplifting or stealing. It can result in a criminal conviction.

What is larceny?

It involves taking an item, without the consent of the owner, with an intention to permanently deprive the owner of the item. For instance, a common example is shoplifting.

Can I avoid a criminal record for larceny?

A court will usually record a criminal conviction. This is because this type of offence is common. Therefore, the court will sentence a person in a way that sends a message to the community so that others are deterred from committing the offence. As a result, many offenders will receive a fine, a conditional release order, or a community corrections order.

However, it is possible to avoid a conviction. The likelihood of this outcome depends on the circumstances of the offence, the value of the item, and the subjective circumstances of the offender.

Will I go to jail?

The maximum penalty is 5 years imprisonment. However, if you are sentenced in the Local Court the maximum penalty is 2 years.

It’s therefore possible to receive a term of imprisonment for this offence. However, this outcome is unlikely if you do not have a criminal history and the circumstances of the offence are not too serious. The court will look at all other options before deciding that you should go to jail. For example, an intensive corrections order.

Can I defend the charge?

Yes, it is possible to defend this charge. You will be found not guilty if the prosecution are unable to prove the elements of the charge.

For example, if you believed you were lawfully entitled to the item, this is a defence. However, if you later realise the item isn’t yours, but you decide to keep it, this will not be a valid defence. The court will ultimately consider whether your belief was reasonable, in deciding whether you are not guilty.

https://wcolawyers.com.au/not-guilty-of-larceny/

We can help

We are experienced criminal lawyers, and we are committed to helping you obtain the best possible outcome for your case.

Assault Occasioning Actual Bodily Harm

Assault occasioning actual bodily harm is when the assault causes an injury. As a result, it is dealt with more seriously than common assault. We’ve explained this charge in more detail below. If you need help, call one of our experienced criminal lawyers on 0421 700 497.

Can I avoid a criminal record for assault occasioning actual bodily harm?

Yes, it is possible to avoid a criminal record. The likelihood of this outcome depends on the extent of the injury, the circumstances of the offence, and the subjective circumstances of the offender.

It is possible to increase the chances of this outcome by preparing a strong subjective case. We help you prepare a strong case, by working closely with you and understanding the unique circumstances of your case.

However, due to the seriousness of this charge, a conviction will be recorded in most cases.

Likely sentence

Depending of the seriousness of the offence, the most common penalty for a first time offender is a conditional release order or community correction order. As a result, a conviction is recorded.

Will I go to jail?

Assault occasioning actual bodily harm carries a maximum penalty of 5 years imprisonment in NSW. Therefore, it is possible to go to jail.

For serious examples of this offence, the court will consider a term of imprisonment. This includes first time offenders. However, there are other options available to the court for serious assaults, such as an intensive corrections order. Therefore, you should seek legal advice to find out if it is possible to minimise your chance of going to jail.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that:

There was physical conduct (touching or striking);
The conduct was intentional or reckless;
The conduct was without the consent of the person;
Without lawful excuse; and
The action caused actual bodily harm.

Therefore, you will be found not guilty if the prosecution is unable to prove these elements, or you can establish that you acted in self-defence, under duress or out of necessity.

Examples of ‘actual bodily harm’

Actual bodily harm refers to an assault where an injury occurs. However, the injury must be “more than merely transient or fleeting” (R v Donovan [1934] KB 498).

There is no exhaustive list of what constitutes actual bodily harm. For instance, bruises and scratches are common examples of injuries that are capable of amounting to actual bodily harm. In some cases, psychological harm can also amount to actual bodily harm.

If the injury is transient or fleeting, the more appropriate charge is common assault.

We can help

Our lawyers are experts in representing offenders charged with assault. We can help you defend the charge. We have also had consistent success with negotiating with police, which can result in the charge being withdrawn or downgraded.

Supply Prohibited Drug

Supply prohibited drug is a serious charge that often results in a conviction.

However, our experienced criminal lawyers are here to help. Our commitment is to help you obtain the best possible outcome for your case.

For example, read our Past Cases, to see how we negotiated our clients charges from Drug Supply to Drug Possession, with no conviction recorded:

https://wcolawyers.com.au/no-conviction-for-large-drug-possession/

Can I avoid a criminal record for drug supply?

Drug supply is a more serious charge than drug possession. Therefore, most people will receive a criminal record. For first time offenders charged with supplying a small quantity, the penalty will likely be a fine or a community corrections order.

However, it is possible to avoid a criminal conviction. As a result, a conditional release order could be imposed. The likelihood of this outcome depends on the quantity of the drug, the circumstances of the offence, and the subjective circumstances of the offender.

We have achieved excellent results for matters involving large and small quantities, including non-convictions for drug supply matters that were dealt with by the District Court.

Will I go to jail?

The maximum penalty in NSW depends on the quantity and type of drug, and ranges from 10 years imprisonment to life. Therefore, it is possible to go to jail for supply prohibited drug.

A term of imprisonment will be considered for serious examples of supply. For example, where large quantities of drugs are involved or the supply is sophisticated. This includes first time offenders.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

Supplied, or knowingly took part in a supply;
Of a substance that is a prohibited drug.

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

What is the definition of drug supply?

The definition of supply in NSW is very broad, and includes “taking part in any step” of a supply. It is also not necessary for the prosecution to prove that the supply was in exchange for financial or material gain.

Schedule 1 of the Drug Misuse and Trafficking Act 1985 has a list of substances that are ‘prohibited drugs’. A prohibited drug also includes admixtures that contain a portion of a prohibited drug.

We can help

Our lawyers are experts in representing offenders charged with supplying prohibited drugs.

We can help you:

Defend the charge
Negotiate with police, or
Prepare your case so that you receive the best possible sentence.

Possess Prohibited Drug

Possess prohibited drug can result in a criminal record. However, we are here to help.

We are experienced criminal lawyers, and we are committed to helping you obtain the best possible outcome.

For example, read our Past Cases on how we helped our client to avoid a criminal conviction for serious Drug Possession charges:

https://wcolawyers.com.au/no-conviction-for-large-drug-possession/

Can I avoid a criminal record for possess prohibited drug?

Yes. However, the likelihood of this outcome depends on a number of factors. For example:

The quantity or weight of the drug
The circumstances of the offence
Any aggravating circumstances
Your prior criminal history
Your subjective circumstances
Any rehabilitation you have undergone

Likely penalty for first time drug possession

For many first time offenders, the likely penalty will be a fine or a conditional release order. As a result, a conviction will be recorded.

However, it is possible to avoid a criminal conviction, particularly if the quantity of the drug is small and you have a strong subjective case.

We help you prepare a strong case, by working closely with you and understanding the unique circumstances of your case.

Will I go to jail?

The maximum penalty in NSW is 2 years imprisonment and a fine of $2,200. Therefore, it is possible to go to jail for this offence, which means the court considers this a serious offence.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

Were in possession of a prohibited drug; and
Knew it was in your possession, or knew of its likely existence.

Therefore, you will be found not guilty of drug possession if the prosecution is unable to prove these elements.

Schedule 1 of the Drug Misuse and Trafficking Act 1985 provides a list of prohibited drugs. A prohibited drug also includes ‘admixtures’, such as a cake that contain a small portion of a prohibited drug.

We can help

Our lawyers are experts in representing offenders charged with possessing drugs.

We can help you:

Defend the charge
Negotiate with police to withdraw the charge or amend the police facts
Or if pleading guilty, we can help you to prepare a strong subjective case in order to seek leniency from the court.

We are committed to helping you obtain the best possible outcome for your case. Contact us today on 0421 700 497 for a free initial consultation.

Breach AVO

If you breach an AVO, we are here to help . We are not only committed to helping you obtain the best possible outcome, but we ensure you remain fully informed throughout the court proceedings. Contact us for free advice.

Will I get a criminal record for breach AVO?

It is possible to avoid a criminal conviction for contravening an AVO.

The likelihood of this outcome depends on the seriousness of the offence and your subjective circumstances. If it is a minor breach of an AVO, a court will likely be more lenient. However, a breach involving violence will likely result in a conviction and may result in imprisonment.

Generally, a court will consider a conditional release order or a community corrections order for this offence.

Will I go to jail for contravening an AVO?

Yes, it is possible to go to jail for breaching an AVO. The maximum penalty is $5,500 and/or a term of imprisonment of 2 years.

The likelihood of jail depends on the seriousness of the offence, and your subjective circumstances. For example, if the breach involves violence, there is strong possibility that you will go to jail. The chance of going to jail also increases if you repeatedly contravene the AVO, even if the breaches are minor.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that:

There was an AVO in place, and
You knew the AVO was in place, and
You knowingly breached a condition of the AVO.

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

We can help

Our lawyers are experienced lawyers who specialise in criminal law.

Common Assault

We are committed to helping you obtain the best possible outcome for your common assault charge. For free advice, contact one of our experienced criminal lawyers.

Can I avoid a criminal record for common assault?

Yes, it is possible to avoid a criminal conviction.

The likelihood of this outcome depends on the circumstances of the offence. In addition, the court will consider your subjective circumstances. This means if the assault is serious, or if you do not have a strong subjective case, a non-conviction is unlikely.

Common assault sentence for first offence

If it is your first offence, and the assault is not serious, you will likely receive a fine, conditional release order or community corrections order.

In some circumstances, the court may decide to not record a conviction. You can increase the chances of this outcome by preparing a strong subjective case.

Will I go to jail?

This offence carries a maximum penalty of 2 years imprisonment in NSW. Therefore, it is possible to be sentenced to jail. This includes first time offenders.

The likelihood of full time jail depends on the seriousness of the assault, your criminal history and your subjective circumstances. However, there are other options available to the court for serious assaults, such as an intensive corrections order. Therefore, you should seek legal advice to find out if it is possible to minimise your chance of going to jail.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that:

There was physical conduct, or threatened conduct towards another person; and
The conduct was intentional or reckless; and
Without the consent of the person; and
Without lawful excuse

Therefore, you will be found not guilty if the prosecution is unable to prove these elements, or if you can establish that you acted in self-defence, under duress or out of necessity.

We can help

Our highly experienced criminal lawyers can help you:

Defend the charge
Negotiate with police to withdraw the charge or amend the police facts
Or if pleading guilty, we can help you to prepare a strong subjective case in order to seek leniency from the court.

Apprehended Domestic Violence Order

If you have been served with an Apprehended Domestic Violence Order (AVO) we are here to help. Contact our experienced criminal lawyers for free advice.

Who makes the AVO?

An Apprehended Domestic Violence Order will name a ‘protected person’. However, the protected person does not make the AVO themselves. Instead, police make the application on their behalf.

Police apply for a “provisional order”. You must then attend court. After that, a final order will be made by a magistrate unless the AVO is withdrawn or contested.

Can I have an AVO withdrawn?

Yes. There are two options:

Negotiate with police:
- In some circumstances, police may agree to withdraw the AVO.
Contest the AVO:
- If there is not enough evidence to support the AVO, the AVO will therefore be withdrawn by a magistrate.

You should obtain legal advice before you contact police.

Similarly, if you are the protected person and you want police to withdraw the AVO, you should also obtain independent legal advice before speaking with police.

What happens if I breach an AVO?

Breaching an AVO is a criminal offence. Our Breach AVO page has more information.

Can I have a condition removed?

Yes, you can apply to the Court to vary the AVO.

How long will the AVO be in place for?

A court will usually make a final order for 2 years. However, it is possible to negotiate a shorter period.

Will an AVO show on my criminal record?

No, it will not go on your criminal record. For more information, read our blog.

Conditions

Every AVO will include a ‘mandatory condition’, listed as Condition 1. As a result, you cannot assault, stalk, harass or intimidate the protected person, or damage their property.

In addition, the AVO can include other conditions, such as an order that you must not do the following:

Contact the protected person
Reside with the protected person
Contact the protected person within 12 hours of consuming alcohol or drugs
Go within 100 metres from where the protected person lives or works

What happens if I also have criminal charges?

If you’ve been charged with a domestic violence related offence, such as common assault or damage property, you will usually need to wait for the criminal charge to be finalised, before the AVO is finalised.

We can help

Our lawyers are highly experienced criminal lawyers.

We can help you:

Contest the AVO
Negotiate with police to withdraw the AVO
Or make an application to vary the AVO, such as removing a condition.

Author name: Zoe Whetham

What counts as damage property?

Can I avoid a criminal record for destroy damage property?

Will I go to jail?

If I defend the charge, what must be proved?

We can help

We're here to help

Definition of Affray

Examples

Can I avoid a criminal record for affray?

Will I go to jail?

If I defend the charge, what must be proved?

We can help

We're here to help

Examples of obtaining a benefit by deception

Can I avoid a criminal record for obtain benefit by deception?

Will I go to jail?

Can I defend an obtaining benefit by deception charge?

We can help

We're here to help

What is larceny?

Can I avoid a criminal record for larceny?

Will I go to jail?

Can I defend the charge?

We can help

We're here to help

Can I avoid a criminal record for assault occasioning actual bodily harm?

Likely sentence

Will I go to jail?

If I defend the charge, what must be proved?

Examples of ‘actual bodily harm’

We can help

We're here to help

Can I avoid a criminal record for drug supply?

Will I go to jail?

If I defend the charge, what must be proved?

What is the definition of drug supply?

We can help

We're here to help

Can I avoid a criminal record for possess prohibited drug?

Likely penalty for first time drug possession

Will I go to jail?

If I defend the charge, what must be proved?

We can help

We're here to help

Will I get a criminal record for breach AVO?

Will I go to jail for contravening an AVO?

If I defend the charge, what must be proved?

We can help

We're here to help

Can I avoid a criminal record for common assault?

Common assault sentence for first offence

Will I go to jail?

If I defend the charge, what must be proved?

We can help

We're here to help

Who makes the AVO?

Can I have an AVO withdrawn?

What happens if I breach an AVO?

Can I have a condition removed?

How long will the AVO be in place for?

Will an AVO show on my criminal record?

Conditions

What happens if I also have criminal charges?

We can help

We're here to help