Wilful Damage — Fixed Fee
$2,100 — Fixed Fee
Fixed Fees: Wilful damage — Magistrates Court plea — $2,100 fixed Aggravated wilful damage, graffiti, emergency vehicle — $3,800 fixed Covers : review of the charge, QP9, and circumstances of the damage; advice on the DV flag and its consequences; advice on whether no conviction is achievable; sentencing submissions; character reference guidance; and full court appearance. No hidden fees. One invoice. Additional mentions after the first adjournment are $950 each. All fees +10% GST.
What Is Included
Review of the charge and QP9. Reading exactly what is alleged — the property damaged, the circumstances, and whether the charge carries a DV flag or aggravating circumstance. Advice on the DV flag and its consequences. Whether the charge is flagged as a domestic violence offence changes the sentencing framework and the criminal history consequences — even where no conviction is recorded. Advice on…
The Charge Is Common — but the Consequences Are Not Always What People Expect
Wilful damage is one of the most frequently charged property offences in the Cairns Magistrates Court. It covers a wide range of conduct — from a broken window in a domestic argument to graffiti on a building to damage to a vehicle during a separation. What people do not always realise is that the consequences depend heavily on the context of the charge, and those consequences can extend well…
What the Offence Requires
Under s 469 of the Criminal Code Act 1899 (Qld), wilful damage requires proof that the person wilfully and unlawfully destroyed or damaged property. Three elements must be established beyond reasonable doubt: that the property was damaged or destroyed; that the act was deliberate — not accidental; and that it was done without lawful authority or the owner's consent. The deliberate element matters.…
When the Charge Is Flagged as Domestic Violence
Wilful damage is expressly a domestic violence offence under the Domestic and Family Violence Protection Act 2012 (Qld) — damaging a person's property, or threatening to do so, falls within the statutory definition of domestic violence. When the charge arises between people in a relevant relationship — current or former partners, family members — the prosecution will flag it as a domestic violence…
What Changes the Outcome
Whether the DV flag is properly applied. The prosecution flags the charge as DV. That flag affects the sentencing framework. Where the relationship does not fall within the statutory definition, or the charge was incorrectly flagged, that should be contested. Whether the act was deliberate. Wilfulness is an element. Accidental damage, or damage that occurred as an unintended consequence of another…
What Sacha Focuses On
The first thing Sacha does is read the QP9 and assess whether the charge is properly made out — whether the conduct alleged is actually wilful rather than accidental or disputed, and whether the DV flag is correct. Those questions are answered before any plea is entered. For DV-flagged matters, the focus is on what the DV flag means specifically for this client. Whether the mandatory aggravating…
FREQUENTLY ASKED QUESTIONS
Can I get no conviction recorded for wilful damage? For a first offence with no DV flag and minor damage, no conviction recorded is a realistic outcome with effective preparation. The court has discretion under s 12 of the Penalties and Sentences Act 1992 (Qld) not to record a conviction where it does not impose imprisonment. It depends on the specific circumstances of the charge and your history.…