The Court: Geelong Magistrates Court
The Lawyer: Ryan Robertson
The Charge:
The Allegations:
The client visited her mother to discuss an ongoing dispute between family members. After discussing the family dispute with her mother, the client noticed that CCTV cameras had been installed at her mother’s house and were filming the two talking. The client was concerned about her attendance at her mother’s address being filmed due to an ongoing conflict with another family member who also lived there.
The client turned the CCTV camera away from its original direction so that it was no longer filming in her direction. As a result of turning the CCTV camera, it fell from its position and was damaged. The damage to the CCTV camera was reported to the police.
After police interviewed the client, she was charged with causing criminal damage to the CCTV camera. Criminal damage is an indictable offence and carries a penalty of up to 10 years’ imprisonment. The client had no prior criminal convictions and was concerned about receiving a criminal record, which could impact her ability to be employed and travel overseas.
The charge of criminal damage requires the police to prove that the damage caused was ‘intentional’ or ‘reckless’.
At Court:
Our solicitor attended Geelong Magistrates’ Court and participated in a summary case conference with the police. During negotiations, our solicitor argued that our client’s damage to the CCTV camera was accidental and neither intentional nor reckless.
After reviewing the evidence, including the client’s record of interview and the complainant’s statement, the prosecutor acknowledged that while the damage to the CCTV camera occurred, there was insufficient evidence to prove our client acted with intent or recklessness regarding the damage.
The Outcome:
Before the matter was called into court, prosecutors approached our solicitor and agreed that the charge of criminal damage could not be proven beyond a reasonable doubt. Therefore, upon being called to court, the prosecutor made an application to withdraw the charge. The matter was finalised without penalty, and a criminal record was avoided.
