Wilful Damage Lawyer Gold Coast

Wilful damage can involve anything from breaking a window during an argument to scratching a car or spray painting a wall. In Queensland, wilfully damaging property without a lawful reason can lead to a criminal charge and, in some cases, imprisonment.

David Cole is a Gold Coast barrister with over 25 years' legal experience, including time as a Crown Law prosecutor. He represents people facing these charges on the Gold Coast and across Queensland, from first contact with police through to court.

Early advice matters. What you say to police, and how you respond to the charge, can affect what happens next.

Contacted by police or charged with wilful damage? Call David on 0407 322 955 or (07) 5630 4000 to discuss your situation.

Wilful Damage Legal Services

David assists people at every stage of a wilful damage matter, including:

• Advice before a police interview
• Bail applications
• Guilty pleas and sentencing
• Contested hearings and trials
• Graffiti charges
• Wilful damage charged alongside other offences, such as assault
• Submissions on whether a conviction should be recorded

 

Contacted by Police About Wilful Damage?

Police may contact you after a complaint about damaged property, or arrest you at the scene. Your right to remain silent applies whether you are at home, on the street, at a police station or under arrest.

In certain circumstances, police have the legal power to require you to provide identifying details, such as your name, address and date of birth. However, you generally have the right to remain silent and are not required to answer police questions or participate in an interview. Anything you say to police may be used as evidence.

Before taking part in a police interview, seek independent legal advice. If you request a lawyer, police should generally allow a reasonable time for them to arrive before questioning begins, except in urgent circumstances. Your rights during a police interview also include the opportunity to speak with your lawyer in private.

If you have been arrested and held in custody, David can also make a bail application on your behalf.

What Is Wilful Damage in Queensland?

Under section 469 of the Criminal Code, a person commits wilful damage if they wilfully and unlawfully destroy or damage property. The Criminal Code forms part of the Criminal Code Act 1899 (Qld). The property could be a car, house, fence, phone or public infrastructure.

For a wilful damage charge, the meaning of "wilfully" and "unlawfully" is important. Wilfully does not necessarily mean a person intended to cause the damage. It can also apply where they deliberately acted knowing that damage was a likely consequence. "Unlawfully" means the damage was not authorised, justified or excused by law. For example, the owner's consent may be relevant to whether the damage was unlawful.

 

What Is the Penalty for Wilful Damage in QLD?

The maximum penalty for wilful damage in Queensland is 5 years' imprisonment, but higher maximums apply in some cases. Under section 469 of the Criminal Code, the maximum penalties include:

• 5 years' imprisonment for wilful damage generally
• 7 years' imprisonment for graffiti, and for damage to schools, places of worship, war memorials, and graves or memorials in cemeteries
• 7 years' imprisonment for damaging an emergency vehicle where the person knew, or should reasonably have known, what the vehicle was
• 7 years' imprisonment where the damage was wholly or partly motivated by hatred or serious contempt based on race, religion, sexuality, sex characteristics or gender identity
• 14 years' imprisonment for damage to a railway or aircraft
• Life imprisonment for the most serious cases, including certain damage to premises by explosion while someone is in or on them, or where a life is actually endangered

These are maximum penalties, not automatic sentences. The penalty in each case depends on its circumstances. If you are sentenced, you may also need to pay the offender levy.

 

Examples of Wilful Damage

Wilful damage charges can arise from a range of situations, including arguments, disputes and damage to property in public places. For example:

• Damage to a car: Kicking a car door during a road rage incident, scratching the paintwork or smashing a window.
• Damage to a rental property: Punching a hole in a wall or breaking a door during a dispute with a landlord or housemate.
• Damage during a relationship dispute: Smashing a partner's phone or damaging household items during an argument.
• Graffiti: Spraying a tag on a fence, wall or other property without permission.

The circumstances matter. Police may investigate who caused the damage, whether it was wilful, and whether there was a lawful reason for the person's actions. If the alleged damage occurred in a family or domestic relationship, there may also be related domestic violence issues. David can advise on the wilful damage charge and any connected domestic violence matters.

 

Graffiti Offences in Queensland

Graffiti is treated as a special case of wilful damage under section 469. It applies to property in a public place, or property that can be seen from one, and covers spraying, writing, drawing, marking, scratching or etching.

As well as the penalty, the court can order community service, such as removing the graffiti, and order the person to pay compensation. Graffiti charges can also lead to a graffiti removal order, including for young people under the Youth Justice Act 1992 (Qld).

 

What Does the Prosecution Have to Prove?

To find you guilty of wilful damage, the prosecution must prove each part of the offence beyond reasonable doubt. It must prove that you destroyed or damaged the property, that you did it wilfully, and that it was unlawful.

If one part cannot be proved, the charge may fail. Damage caused by a genuine accident may not be wilful, and damage done with the owner's consent may not be unlawful. The law can also excuse damage caused by force that was reasonably necessary to protect yourself, someone else or property. This applies only where you believed, on reasonable grounds, that the harm was about to happen.

There can also be questions about who caused the damage, particularly where several people were present, or the evidence relies on CCTV or witnesses.

Whether a defence is available depends on the evidence. David can review the evidence against you and advise whether to plead guilty or defend the charge.

 

Can I Avoid a Conviction for Wilful Damage?

In some cases, yes. When a court sentences someone, it can often decide whether to record a conviction. If it imposes a prison sentence, a conviction must be recorded. Otherwise, section 12 of the Penalties and Sentences Act 1992 (Qld) guides the decision. The court looks at all the circumstances, including the nature of the offence and the person's character and age. It also considers how a conviction would affect their wellbeing and their chances of finding work.

An outcome without a recorded conviction is often called "no conviction recorded". David can prepare submissions on whether a conviction should be recorded and what penalty would be appropriate.

 

Why Choose David Cole?

David Cole is a barrister based in Bundall on the Gold Coast. When you contact him, you deal with David directly, from your first call through to court. His advice is clear and concise, and he explains your options in plain terms.

Clients benefit from:

• Over 25 years' legal experience
• Experience prosecuting cases throughout Queensland for Crown Law, as well as defending them
• Availability to appear in the Magistrates, District and Supreme Courts
• Membership of the Bar Association of Queensland and the Gold Coast Bar Association

 

Speak With a Wilful Damage Lawyer

You may have just been contacted by police, or your matter may already be before the court. Either way, David can advise you on the charge and the options available.

Contact David Cole to arrange a confidential discussion. Call 0407 322 955 or (07) 5630 4000, or send an online enquiry.

Frequently Asked Questions