Successful defence of criminal charge of ‘injure property’

In August 2024, we successfully appeared for a Tasmanian member of the United Worker’s Union (UWU) in relation to a criminal charge of ‘injure property’ contrary to s37(1) of the Police Offences Act 1935. The police alleged that the member had damaged the door of a vehicle in the course of his employment as a security guard. After a hearing in the Tasmanian Magistrates Court, our client was found not guilty, and the charge was ultimately dismissed.

Possible penalties for the charge of 'injure property'

The charge has a maximum penalty of 12 months imprisonment and a fine of over $2,000.00.

In this case, there was also the risk of a conviction being recorded and being ordered to pay for any repairs to the damaged vehicle if found guilty.

Background to the criminal charge

Our client was working as a security guard at a large public facility in Tasmania when he requested that a taxi driver move his vehicle, which was blocking the entrance to the facility. The taxi driver became upset and aggressive, and after making his anger with the security guard clear, he left the location. The taxi driver later made a statement to police, alleging our client had damaged his vehicle and seeking compensation for extensive repairs to the vehicle.

Our client disputed the allegation and denied causing any damage to the vehicle. He elected to defend the charge and instructed Hall Payne to appear for him. A plea of not guilty was entered, and the matter was listed for hearing in the Tasmanian Magistrates Court.

Magistrates Court procedure

When a person is charged with a criminal offence, they will receive a summons, which requires them to attend court on a certain date and time. The court process proceeds differently depending on whether the person charged agrees or disagrees with the allegation.

Because our client disagreed with the allegation, they entered a plea of not guilty, and the matter was set down for a hearing.

At a hearing, the parties attend the court and have the opportunity to appear in front of a Magistrate (no jury) who will decide whether the allegation has been proven. The parties can call witnesses to provide testimony or provide documentary evidence to support their case. As this was a criminal case, the prosecutor was required to prove the allegation beyond a reasonable doubt.

Both parties, the prosecution and the defence, will

Initially, a witness called by the prosecution will answer questions from the prosecutor. This is known as direct examination or examination in chief. After the prosecutor has asked their witness questions, the defendant or their lawyers (if represented) can ask the witness questions. This is known as cross-examination.

The cross-examination process gives a defendant the opportunity to ask questions which undermine the Prosecutions version of events and show there is evidence which could prove the Defendant is not guilty of the charge.

Successful defence

The prosecution called evidence from police officers who investigated the taxi driver’s allegations and the taxi driver who made the allegation, as well as a number of photos and videos they believed would prove the allegation against our client.

In this matter, we were able to show that no police officer had ever actually looked at the vehicle at any point in the investigation and that the police officers who investigated the matter had not gathered all of the evidence that would have been available. Missing evidence included a number of witnesses who had not been spoken to and CCTV footage that had not been viewed or requested.

We were also able to show, based on documents provided to the police, that the vehicle in question had likely suffered the damage prior to the interaction with our client.

Client found not guilty

The Magistrate ultimately found our client not guilty and dismissed the charge.

Get help from a criminal lawyer

This matter highlights the importance of getting legal advice and representation early if you are charged with a criminal offence. Good legal advice and representation can be the difference between being found guilty and receiving a significant penalty or walking free from court with no findings against you.

Hall Payne Lawyers has experienced criminal lawyers who can assist with tailored advice in relation to legal issues you may have.

Contacting Hall Payne Lawyers

You can contact us by phone or email to arrange your consultation; either face-to-face at one of our offices, by telephone or by videoconference consultation.

Phone: 1800 659 114
Email: general@hallpayne.com.au