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Threats to destroy or damage property

Criminal Lawyers Melbourne
ADLA member for - VIC

Written by
Paul McClure
Criminal Defence Lawyer


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Fraud / Dishonesty / Theft Offences - VIC
The Law - Threats to destroy or damage property

What the Law states - Threats to destroy or damage property


Crimes Act 1958 - SECT 198

Threats to destroy or damage property

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).

Maximum Penalty in Victoria



5 years

What the Prosecution must prove - Threats to destroy or damage property - Vic


(a) The accused made a threat to another person that he/she would destroy or damage property belonging to either that other person, a third party or the accused and another person.

(b) Alternatively, the accused made a threat to another person that he/she would destroy or damage property that he/she believes or knows is likely to endanger the life of that other person or a third person.

Possible Defences - Threats to destroy or damage property


(a) Duress.

(b) Factual dispute.

(c) Identification dispute.

(d) Lack of intent.


 


Which court will hear the charge of Threats to destroy or damage property


Magistrates' Court if the value of the property threatened to be damaged or destroyed is less than $100,000. Otherwise, the County Court
Appeal Threats to destroy or damage property Charge
Article published on 09/01/2009. To check if any changes to the law please discuss with one of our lawyers.
Criminal Lawyers Melbourne