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Answered in 21 minutes by:
5/31/2013
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
Experience: Dip Law LPAB - Sydney based lawyer
VerifiedHello
Section 469 of the criminal code sets out the maximum penalties for this type of offence:
http://www.austlii.edu.au/au/legis/qld/consol_act/cc189994/s469.html
The penalties listed are the maximum for the particular offence and generally will only apply in the most serious cases having regard to the damage caused, and all the facts and history of the offender. The court also looks at whether the accused admitted the offence and whether the offender has compensated the owner of the damaged property.
If it is a first offence and the damage is minor then it would be unlikely you would receive a term of imprisonment, however there is a great deal of variation in the penalties imposed for such an offence because such damage can occur in such a wide variety of circumstances.
Because there is a potential for a substantial prison term I would strongly recommend that you brief a lawyer to represent you in court. If you cannot afford a lawyer you may be eligible for legal aid, but if you can afford a lawyer and need assistance locating one, contact the Law Society of Queensland as they will be able to refer you to suitable lawyers in your area.
http://www.legalaid.qld.gov.au/Pages/Home.aspx
http://www.qls.com.au/Home
I trust the above assists.
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Thanks,
Patrick
Section 469 of the criminal code sets out the maximum penalties for this type of offence:
http://www.austlii.edu.au/au/legis/qld/consol_act/cc189994/s469.html
The penalties listed are the maximum for the particular offence and generally will only apply in the most serious cases having regard to the damage caused, and all the facts and history of the offender. The court also looks at whether the accused admitted the offence and whether the offender has compensated the owner of the damaged property.
If it is a first offence and the damage is minor then it would be unlikely you would receive a term of imprisonment, however there is a great deal of variation in the penalties imposed for such an offence because such damage can occur in such a wide variety of circumstances.
Because there is a potential for a substantial prison term I would strongly recommend that you brief a lawyer to represent you in court. If you cannot afford a lawyer you may be eligible for legal aid, but if you can afford a lawyer and need assistance locating one, contact the Law Society of Queensland as they will be able to refer you to suitable lawyers in your area.
http://www.legalaid.qld.gov.au/Pages/Home.aspx
http://www.qls.com.au/Home
I trust the above assists.
Please rate my answer so that I can be paid for my time and effort.
Please not I am only paid if you rate me with three or more smileys/stars. Funds paid to me come out of the funds you previously paid to Just Answer and it costs you nothing extra to give me a positive rating.
Thanks,
Patrick
Your record appears clean and the offence does not appear to be too serious, so you are unlikely to receive a prison sentence for such an offence, nevertheless, if the court takes the view that you potentially could have caused a serious accident with the potential to cause injury to a person, then the court could treat you somewhat harshly.
In these circumstances I do recommend you engage a lawyer to represent you to see whether you can defend the charge or at least present your case in a way which will minimise any charge against you.
Be aware that aside from whether you actually receive a prison term or not, if you are convicted you will have a criminal record which might potentially affect your ability to gain employment as many employers check staff criminal records) and potentially your ability to travel overseas (since some countries do not allow travel to persons with criminal records).
Please rate my answer so that I can be paid for my time and effort.
Please not I am only paid if you rate me with three or more smileys/stars. Funds paid to me come out of the funds you previously paid to Just Answer and it costs you nothing extra to give me a positive rating.
Thanks,
Patrick
In these circumstances I do recommend you engage a lawyer to represent you to see whether you can defend the charge or at least present your case in a way which will minimise any charge against you.
Be aware that aside from whether you actually receive a prison term or not, if you are convicted you will have a criminal record which might potentially affect your ability to gain employment as many employers check staff criminal records) and potentially your ability to travel overseas (since some countries do not allow travel to persons with criminal records).
Please rate my answer so that I can be paid for my time and effort.
Please not I am only paid if you rate me with three or more smileys/stars. Funds paid to me come out of the funds you previously paid to Just Answer and it costs you nothing extra to give me a positive rating.
Thanks,
Patrick
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
Experience: Dip Law LPAB - Sydney based lawyer
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