Throwing keys at pedestrian crossing
I have court on Friday in WA where i am being charged with criminal damage for throwing my keys at a car at pedestrian crossing outside a shop. He was the 2nd car that didn't stop. The driver admitted to speeding and talking on his phone. He confronted me inside a bank while i was doing banking, he shoved and threatened me but failed to mention these in statement. The police arrested and charged me. They had a photo of me from the bank I was doing my banking at which has cctv with audio & visual & the pedestrian crossing also has cctv but the police never checked listened watched any of them. Should i get a lawyer, and what am i looking at if i plead guilty just to get this over and done with?
Hi there. In Western Australia, it is an offence to wilfully or unlawfully destroy or damage any property. If the destruction of property does not involve fire, and the damage to the property is less than $25,000 in value, the maximum penalty is 3 years’ imprisonment and a $36,000 fine. If the destruction involves fire or the value exceeds this amount, the maximum penalty is much higher.
At court, you will need to decide whether to plead ‘guilty’ or ‘not guilty’. If you plead not guilty, the prosecution will present their case against you, including any evidence they may have (e.g. witness statements, CCTV footage, etc). You will then have the opportunity to present your side of the story. Possible defences for this crime are insanity, duress, emergency, accident, lack of intention to wilfully do damage or destruction, or incorrect identification (i.e. you were not the person who did the damage). If you are successful in claiming a defence, or you can otherwise provide evidence that shows the prosecution has not made a proper case against you, then you may be found ‘not guilty’.
If you plead guilty or are found guilty by the magistrate or judge, you will be sentenced. The exact sentence imposed cannot be predicted, as much will depend on the nature of the crime, your conduct at the time of the offence and since that date, and your current personal circumstances (e.g. criminal history, family situation, employment, any signs of remorse, etc). The court will consider these factors when deciding on an appropriate sentence and whether to record a conviction. Generally, imprisonment is a punishment of last resort and reserved for only the most serious cases.
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