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Criminal damage with view to gain

If you have been charged with Criminal Damage with a View to Gain, here is some information to know and consider in seeking legal advice with Emma Turnbull Lawyers.

Elements of the offence

For the prosecution to prove the offence of Criminal Damage with a View to Gain, they must prove beyond a reasonable doubt all of the elements of the offence which are set out in s197(3) Crimes Act 1958 and are as follows:

  1. The accused damaged or destroyed property; and
  2. The accused did so dishonestly; and
  3. The accused did so with a view to gain for themself or another person.

Will I have to go to court?

The charge for Criminal Damage with a View to Gain is dealt with in the County or Supreme Court.  Expert legal advice is important in ensuring the most appropriate defence to a charge of Criminal Damage with a View to Gain.

Once the case goes to court, it is up to the prosecution to prove all the elements of the offence. It is important that you seek expert legal advice to prepare a defence and to represent you in court as this offence carries a significant maximum sentence of imprisonment.

Maximum penalty:

The maximum penalty this offence carries is 2 years imprisonment if it is dealt with in the Magistrates’ Court but if it is dealt with in the County or Supreme Court the maximum penalty is 10 years imprisonment.

What do I do now?

To ensure the best chance of a successful defence, it is important to get in contact with an expert criminal lawyer as soon as possible. At Emma Turnbull Lawyers, we have experienced criminal defence lawyers who can assist you in defending this charge.

Contact our office today to speak to an accredited criminal law specialist, on (03) 9077 4834 or at