The only difference between a criminal damage offence and an aggravated criminal damage offence is the existence of the intent to put a person’s life at risk. The highest sentence for such an offence may be life imprisonment, although this varies from case to case.
Moreover, because of the serious circumstances of the case, you must find legal assistance as soon as possible from the most qualified criminal lawyers. If the property has been damaged due to these types of offences, you may find the help of criminal lawyers Perth.
Aggravated Criminal Damage Offence Elements
To a great extent, committing an offence of aggravated criminal damage is similar to committing an offence of basic criminal damage. To be found guilty of aggravated criminal damage, the prosecution must establish beyond a reasonable doubt that the defendant was responsible for the damage of property that belonged to another party. However, the prosecution may also need to prove things like the following:
Recklessness in Endangering Another Person’s Life
This suggests that the defender must confess that they purposefully endangered lives or were reckless to risk the lives of other persons while they were purposely destroying the property.
Moreover, the risk must be related to the defender’s ability to inflict destruction or damage to the victim’s property to qualify as a threat. Also, aggravated property damage may be committed by any individual, regardless of whether the damaged property belongs to the offender or another person.
This suggests that it will not make a difference who the property owner is. A defendant can be found guilty of an offence even if they have damaged the victim’s property. This is not the same as cases of ordinary criminal damage, in which an accused person cannot be found guilty of damaging their property.
To get justice in these kinds of terrible situations, you may want to seek help from criminal lawyers.
Examples of Aggravated Criminal Damage Offence Situations
The following are some instances of aggravated criminal damage offences:
- The criminal threatened to use offensive weapons to conduct such an offence.
- Even though the criminal was aware that the community corrections officer was working, they nonetheless committed the crime against the officer.
- The offender committed this offence to prevent the victim from taking any legal actions or retribution for the victim having undergone legal proceedings.
- The offender was aware that the victim was older than sixty when the crime was committed.
- This offence was done by the offender so that they may benefit from it.
- The perpetrator of the crime used the confidence placed in them by the authority figure by committing the crime.
- The offender committed the crime while the offender was purposefully tormenting the victim.
- The perpetrator committed the crime against a police officer, training centre employee, prison officer, or other law enforcement personnel while on duty or in retribution for whatever they had done before.
- The victim was doing a prescribed occupation or job.
- The offender was well aware that the victim was a child or, in other words, under the age of 12 when the crime was committed.
- The offender was aware that the victim was a person they had previously interacted with and hence knew their identity.
- Because of a physical or mental condition, the victim was more likely to be susceptible to being taken advantage of.
In such circumstances, criminal lawyers may be pretty beneficial. They can assist you with court processes and guarantee that you obtain justice in your case.
Actus Reus
The Actus Reus components of an aggravated criminal damage crime are typically the same as those of a criminal damage offence. The Actus Reus differs because aggravated criminal damage requires a property to be affected but does not indicate who owns it.
- This suggests that the defender may be guilty of committing more serious criminal damages to the property they possess. The fact that the defendant who caused the harm to their property may also be found guilty of the crime is an unusual circumstance.
- The aggravated criminal damage offence may be used to safeguard another person’s property rights.
- The damaged property might belong to someone else or be shared by many people. However, the explanation is unclear when the offender destroys or damages something he owns. It may seem that a conviction for severe criminal damage would safeguard against the endangering of another person’s life.
It may seem that it is not part of the Actus Reus of the crime and does not serve the objective of the legislation. This is intended to deal with actual or threatened property harm to another person. Furthermore, even criminal lawyers may be perplexed in such instances, which will take longer to resolve.
If you are the victim of severe criminal damage, you should not be concerned and should contact criminal lawyers Perth who specialise in such situations. Because of their experience and expertise, such attorneys can assist you in achieving justice and recovering compensation from the criminal. Hence, you may be certain of getting justice with their assistance.