Have you been charged with Threats to Destroy or Damage Property?
This is a serious charge which carries a potentially significant prison term, should you be found guilty. Before entering your plea you should consult a specialist criminal lawyer.
Some questions you and your lawyer will need to consider are:
Did you make a threat to another person?
Did you have any lawful reason to do so?
Did you threaten to destroy or damage either that person’s property or your own? If so, why?
Did you intend that the other person would be fearful for their own or someone else’s life? Did you intend for them to take your threat seriously?
Depending on the nature and consequences of the threat, your case may be heard in either the Magistrates’ Court or County Court of Victoria.
Please read below for more information in relation to this charge.
The offence
Section 198 of the Crimes Act 1958.
The prosecution must prove:
The defendant made a threat to another without lawful excuse;
The defendant threatened to:
Destroy or damage property belonging to that other or a third person;
Destroy or damage his own property in a way which he knows or believes is more likely than not to endanger the life of that other or a third person; and
The threat was made with the purpose of causing the other to fear that it would be carried out.
The maximum penalty
Level 6 imprisonment being a maximum of 5 years.
Where will my case be heard?
Threats to Destroy or Damage Property cases can be heard in the Magistrates’ Court or County Court of Victoria.
Questions to consider
Do you have a defence?
If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
Consult an expert in criminal law. Don’t delay – thorough preparation is critical in determining the outcome of your proceedings.
If you have been charged with Threats to Destroy or Damage Property make an appointment to see one of our experienced lawyers today.
The Legislation
Section 198 Threats to destroy or damage property
A person who without lawful excuse makes to another a threat—
(a) to destroy or damage any property belonging to that other or a third person or to himself and that other or a third person; or
(b) to destroy or damage his own property in a way which he knows or believes is more likely than not to endanger the life of that other or a third person—
shall, if he made the threat with the purpose of causing the other to fear that it would be carried out, be guilty of an indictable offence and liable to level 6 imprisonment (5 years maximum).
