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What the Law Says
Wilful damage is a criminal offence in Queensland that involves the intentional and unlawful destruction or damage of another person’s property. These offences can range from minor acts of vandalism to more serious cases involving explosions or infrastructure sabotage. If convicted, the consequences can be severe — including imprisonment.
What is Wilful Damage?
Under the Criminal Code Act 1899 (Qld), wilful damage occurs when someone intentionally and unlawfully damages property belonging to another person or business. This includes actions like:
- Graffiti or tagging
- Smashing windows or glass
- Damaging fences, signs, or vehicles
- Vandalising public or private buildings
To prove this offence, the prosecution must demonstrate both intent and a lack of consent from the property owner.
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Common Examples and Penalties
Penalties for wilful damage vary depending on the circumstances and seriousness of the offence. General wilful damage may result in:
- Up to 5 years’ imprisonment for standard offences
However, penalties escalate for more serious conduct, such as:
- Life imprisonment for destruction by explosion
- 14 years’ imprisonment for damaging aircraft or railways
- 7 years’ imprisonment for damaging educational institutions
Defences to Wilful Damage Charges
Several legal defences may apply in cases of wilful damage, including:
- Accident – The damage was not intentional
- Emergency – The damage occurred while preventing harm or death
- Duress or Compulsion – The act was done under threat or coercion
- Lack of intent – There was no deliberate or known damage
Your defence will depend on the facts of the case and must be carefully evaluated by an experienced criminal lawyer.
Why Early Legal Advice Matters
Being charged with wilful damage can affect your criminal record, employment prospects, and personal reputation. Early legal advice can help protect your rights, assess your defence options, and potentially reduce the severity of the outcome.
Jones + Associates offers clear, strategic legal support for clients charged with property-related offences throughout Brisbane and Queensland.
Get Us in Your Corner
If you or a loved one has been charged with wilful damage, don’t delay. Get trusted legal advice from experienced criminal defence lawyers.
Call Jones + Associates today on (07) 3229 3166 to discuss your case in confidence and protect your legal future.
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