Penalty for Criminal Damages
The client was a 50 year old woman with no prior Court appearances getting a penalty for criminal damages. It was alleged that she had kicked and hit a BMW that was parked in her allocated car spot within the car park at her block of apartments. She admitted that she was angry that the car had parked in her spot, because it had happened a number of times in the past, but she denied that she had damaged the vehicle.
Damage to the vehicle was around $750.
We represented the client at the Melbourne Magistrates’ Court for the charge of Criminal Damage.
The accused pleaded not guilty to the charge, and took the matter to a contested hearing. Evidence was given by an eyewitness who stated that he heard the accused banging loudly on the car and went to investigate and found her hitting and kicking the car all along the passenger side panels. The witness stated that he was standing next to the client when he saw her kick the car and cause the damage.
Another witness stated that he could not clearly see the client damaging the car, and only heard yelling, not loud banging.
The client and her husband, who was present with his wife when the alleged offending was said to have occurred, gave evidence.
At the conclusion of the contested hearing the Magistrate dismissed the charge, finding that the behaviour that the eyewitness described, of the accused lady hitting and kicking the car all along the right-side panels, was completely out of character and enough to cause a reasonable doubt.
Costs were awarded against the police.
DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 25/02/2013