In Victoria, section 288(1) of the Water Act 1989 is the offence of Destroy, Damage or in Any Way Interfere With Any Works of a Water Corporation. It is committed by a person or a body corporate that destroyed, damaged, removed, altered, or in any way interfered, including whether knowingly or recklessly, any work of a water corporation. Such action should have caused a destruction, damage, removal, alteration, or interference that led to serious damage on land, works, or water, or to a substantial economic loss of a person.
Have you been accused of Destroy, Damage or in Any Way Interfere With Any Works of a Water Corporation?
You will have important questions about the interview, such as:
It is important to seek advice from an experienced criminal lawyer when charged with any offence, and this is particularly so in relation to this type of offence. Your criminal lawyer will assess the strength of the police brief, request any outstanding material, analyse forensic material, and of course assist you to defend the charge.
One of our lawyers can represent you on a plea of guilty and devise a plea strategy for you such as paying back in compensation for repair works. By doing the ground-work, you will ensure to get the relevant discounts which apply and a sensible outcome.
Subsequent offending of this nature can attract a fine of 120 penalty units ($19,300) or 12 months imprisonment.
If a person’s conduct continues to damage the property, they may be ordered to pay a fine of up to $805 for each day which the offence continues I addition to the penalties stated above.1 This is capped at $3,220.2
These penalties reflect the seriousness of this offence.
Police Interview
If you have been arrested for Destroy, Damage or in Any Way Interfere With Any Works of a Water Corporation, or if you know that police want to interview you about the offence, you must get legal assistance. Your lawyer will provide you with clear legal advice about the interview process and how you should handle the questions. There are some instances where providing a comment can be beneficial and other times when it’s not.You will have important questions about the interview, such as:
- Do I need to go to the interview?
- Should I answer the questions?
- How should I dress?
Pleading Not Guilty
If you have received a summons for an offence such as Destroy, Damage or in Any Way Interfere With Any Works of a Water Corporation, you may also have been served with a bundle of other documents made up of witness statements, expert reports and photographs. This is called the preliminary police brief.It is important to seek advice from an experienced criminal lawyer when charged with any offence, and this is particularly so in relation to this type of offence. Your criminal lawyer will assess the strength of the police brief, request any outstanding material, analyse forensic material, and of course assist you to defend the charge.
Pleading Guilty
Pleading guilty to Destroy, Damage or in Any Way Interfere With Any Works of a Water Corporation essentially means that that you accept responsibility for your behaviour and the summary of facts.One of our lawyers can represent you on a plea of guilty and devise a plea strategy for you such as paying back in compensation for repair works. By doing the ground-work, you will ensure to get the relevant discounts which apply and a sensible outcome.
Which court will the case be heard in?
This charge is a summary matter and is dealt with in the Magistrates’ Court. Whether you should contest or enter a plea of guilty to the court depends on the circumstances of the allegations against you. Contact one of our lawyers as soon as you are charged to discuss your prospects of successfully contesting your charges.Elements of the offence
As this is a criminal offence, the burden is on the Prosecution to prove the following offences beyond a reasonable doubt:- That an accused destroyed, damaged, removed, altered or in any way interfered, with any works or other property, whether real or personal property; and
- The property belongs to, or is under the control and management of, a water corporation authority.
Examples of Destroy, Damage or in Any Way Interfere with Any Works of a Water Corporation
- Damaging a water pipe
- Interfering with a fire hydrant
- Deliberately damaging a fire hydrant
Legislation
The legislation for this offence is section 288(1) of the Water Act 1989.Defences
The following defence are available to a person charged with this offence:- Reasonable mistake of belief
- Necessity
- Lack of intent
- Sudden or extraordinary emergency
- Factual dispute
Questions in cases like this
- Did you have permission to interfere with the hydrant?
- Was it in fact you who damaged the water pipe?
- Is the property damaged?
Maximum penalty and court that deals with this charge
The maximum penalty a Court can impose for the offence of Destroy, Damage or in Any Way Interfere with Any Works of a Water Corporation (s288(1) of the Water Act 1989) is a fine of 60 penalty units (around $9,600) or six months imprisonment.Subsequent offending of this nature can attract a fine of 120 penalty units ($19,300) or 12 months imprisonment.
If a person’s conduct continues to damage the property, they may be ordered to pay a fine of up to $805 for each day which the offence continues I addition to the penalties stated above.1 This is capped at $3,220.2
These penalties reflect the seriousness of this offence.
