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Malicious Damage

Malicious Damage.

Malicious Damage2022-03-02T05:37:21+00:00

Malicious damage of property signifies that you intended to cause damage to the property or even meant to destroy it. Malicious damage of property, usually also referred to as property damage offences could result in imprisonment, penalties or both based on the worth and the nature of the damage.The offence of Malicious Damage is confined in section 195 of the Crimes Act 1900 which declares:

1. A person who deliberately or recklessly destroys or perhaps damages property owned by another or to that person and another is liable:

1. (a) to imprisonment for 5 years, or even

2. (b) if the destruction or damage is brought on by means of fire or explosives, to imprisonment for 10 years.

2. A person who, together with another person or persons, deliberately or recklessly destroys or even damages property owned by another or to that person and another is liable:

2. (a) to imprisonment for 6 years, or

2. (b) if the destruction or damage is brought on by means of fire or explosives, to imprisonment for 11 years.

3. A person who, together with another person or persons, deliberately or recklessly damages or wrecks property owned by another or to that person and another is liable:

3. (a) to imprisonment for 7 years, or

3. (b) if the destruction or damage is brought on by means of fire or explosives, to imprisonment for 12 years.

A charge of malicious damage to property or home can validly be defended by arguing:

– That you did not plan to damage or destroy the property;

– That the property was exclusively your property; or

– That the offence was wholly commited under duress.

One of the most important things to do right now is to understand your options by seeking legal advice as soon as possible. In most cases, a claim for compensation with the TAC must be lodged within 12 months of the accident. Get in touch with us as soon as you can and we can help you with your next steps.

Click here to learn how to make a claim

Your entitlements

Even if you were at fault in the accident, you may be entitled to:

  • Medical expenses and care
  • Weekly payments for loss of income
  • Lump sum impairment benefits
  • Other expenses such as rehabilitation equipment and medical aids, and home and vehicle modifications

In a road or transport accident case, a common law claim involves taking action against a negligent party. So, if another person was at fault for your accident and you have a serious injury, you may be entitled to claim damages through a common law claim.

For example, if the driver of the other car ran a stop sign, causing the accident, then you may be entitled to common law compensation. This can compensate you for your pain and suffering, loss of enjoyment of life, and past and future financial loss which is in addition to your other Transport Accident Commission (TAC) entitlements.

Meet the team

When you work with us, you’ll have your own team of legal experts looking after your case. Experienced and always working for your success, they will work closely with you to achieve the best outcome possible.

Frequently Asked Questions

In-home or in-hospital appointments2022-01-21T09:44:28+00:00

We understand that there may be circumstances where you may not be able to travel.

We have offices nationwide.

We’ll make sure we can get to you.

85 years of experience means we’re experts in the process2022-01-21T09:46:25+00:00

We’ve been representing injured people for over 85 years. We are efficient, know the system and are confident we can help you. The legal team looking after your claim will include your lawyer, legal assistants and some of the most highly trained support staff in the industry.

Free social work services2022-01-21T09:47:54+00:00

We understand that seeking compensation is only one aspect of your journey after a life-changing accident. We know you need support, and we help provide it where you need it.

Contact us for a free initial appointment2022-01-21T09:50:12+00:00

We know that making a claim can seem daunting and it’s hard to know where to start. We can give you the information and guidance you need to assess your options,and help make the process less stressful. In this appointment, we’ll answer any questions and help you decide on the best course of action for you.

Learn more about your free initial appointment.

Make a claim2022-01-21T09:51:40+00:00

You’ll need to make a claim with the insurance company or government agency that manages these types of claims in your State. In Victoria, this is the TAC.

Learn more about making a TAC claim

We’ll gather your evidence2022-01-21T09:53:29+00:00

Once you choose Taxcellent Consulting Services, we’ll begin gathering evidence on the accident to prepare your case.

You’ll attend joint medical examinations2022-01-21T09:54:54+00:00

So we can get a better understanding of your injury and the impact it has on your life you might need to get an independent medical examination to assess your injury. We’ll arrange these appointments for you.

Resolving your case2022-01-21T09:56:42+00:00

We’ll help support you at every step of your journey to get you the compensation you deserve. While it’s very rare for cases to proceed all the way to court you can be confident of the best legal representation including a specialist barrister when it’s required.

Learn more about what to expect

No win, no fee*

Our insurance claim lawyers are experienced in winning fair compensation for our clients on a no win, no fee basis.

It doesn’t cost you anything to know where you stand

(02) 8000 8666

We take calls 24/7

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