Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Possession of Thing with Intent to Damage Property
Possession of a thing with intent to damage property is a serious criminal offence and it carries a maximum penalty of three years imprisonment. You could also be fined up to a maximum of 300 penalty units.
As of May 2020, a penalty unit in the ACT is valued at $210.00.
What is possession of a thing with intent to damage property?
The Criminal Code Act 2002 states that it is an offence to possess a thing with the intention to use the thing to damage a person’s property. Possessing a thing means that having control of the thing or that you are a joint owner of the thing. “Thing” is not defined in the Criminal Code Act 2002.
Examples of possessing a thing with intent to damage property include:
- Carrying spray paint to spray paint someone’s house without their consent or prior knowledge;
- Carrying lighter fluid so you could set fire to someone else’s property;
- Carrying a rock or brick to throw through someone’s window;
- Possessing a knife so you can slash someone’s car tyres.
You can also be charged with possession of a thing with intent to damage property if you had possession of an item with the intention that someone else would use it to cause harm to another person’s property. The thing does not need to actually be used to damage property. It is enough if it was intended for that to happen.
What actions might constitute possessing a thing with intent to damage property?
You may be charged with a possession of thing with intent to damage property offence if you:
- Are found with a crowbar outside a residential address;
- Are carrying a brick near a warehouse with multiple glass windows;
- Possess a cricket bat and are found close to a car or other vehicle.
What the police must prove
To be convicted of a possession of thing with intent to damage property offence the police need to prove that you possessed the thing and also had the intention to cause harm to someone else’s property.
- The most commonly argued defence to this charge is that you were in possession of the item for a lawful purpose. For example, that you were carrying a cricket bat because you were on your way to or from a cricket match.
- Factual defences are also common. For example that you are not the person who committed the offence,that you were not in possession of the thing alleged or that there was no intention to use it to damage property.
- In some circumstances, the defence of necessity and duress may also be arguable.
Which court will hear your matter?
Possession of a thing with intent to damage property is a summary offence with a maximum penalty of three years imprisonment. If parties agree, this offence may be finalised in the ACT Magistrates Court where the maximum penalty that can be imposed is two years imprisonment.
The maximum penalty for possession of a thing with intent to damage property is three years imprisonment. However courts can also order:
- Intensive Corrections Order (ICO).
- Suspended Sentence.
- Community Service Order (CSO).
- Good Behaviour Bond.
- Section 10 Dismissal
\While this offence usually results in a conviction, courts have the discretion to order a Section 17: Non-Conviction Order.
If you require legal advice about possession of a thing with intent to damage property or any other legal matter, please contact Armstrong Legal.
Betting with inside information is a criminal offence and carries a maximum penalty of two years’ imprisonment. This offence is…
Urinating in a public place is a summary offence. In the ACT, it can be dealt with by way of…
Offensive behaviour is a broad charged that is often laid when it is difficult for police to prosecute a person…
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
201 Elizabeth Street
Sydney NSW 2000
575 Bourke Street
Melbourne VIC 3000
91 North Quay
Brisbane QLD 4000
Nishi, 2 Phillip Law Street
Canberra ACT 2601
111 St Georges Terrace
Perth WA 6000