Please be ready with your application reference number starting with 'P'. For example P1234567
Any offence where the Court gives a sentencing results in a Criminal record for the offender. In many situations, the Police Check is an essential document in assessing a candidate, as it reveals the Disclosable Court Outcomes (DCOs) in their criminal records.
The offences shown in a Police Check does not distinguish whether an offence is minor or indictable. Insofar as the Court deems it necessary to issue a sentence, it will be recorded in their criminal records.
There are a lot of offences a person can commit against another person or the state.
The legislation prohibiting these acts are primarily found in the Crimes Acts or Criminal Codes of the various States and Territories of Australia.
A person is guilty of wilful Damage if they have acted in a way that caused Damage or destruction to another property. It may also be the case where a person misuses a borrowed/shared item such that it is “useless” to another person.
Such property may either be that of another person or property of the state. A person can be guilty of wilful Damage even though the action came about by recklessness.
Damaging a person's property with intent can be a criminal offence in Australia, and depending on the factors around the offence, it can incur severe penalties.
Section 469(1) of the Criminal Code Act 1899 (QLD);
Section 195(a) of the Crimes Act 1900 (NSW);
Section 444 of the Criminal Code Act Compilation Act 1913 (WA);
Sections 15(1) and (37) of the Criminal Code Act 1924 (Tas);
Section 197(1) of the Crimes Act 1958 (VIC);
Section 116(3) and 403 of the Crimes Act 1900 (ACT);
Section 85 of the Criminal Law Consolidation Act 1935 (SA);
Condemns the unlawful act of wilful Damage by stipulating punishments between 5 years and life imprisonment depending on the offence (varies based on the jurisdiction). It also allows the Court to include further penalties for such offences depending on the circumstances around the offence.
If the Court finds the defendant guilty of the charge, it will appear on the Police Check.
However, the defendant can avoid a sentence if the Court grants their applications for special programs. The offence for wilful Damage will not show up on the Police Check if the Court commits them for other programs instead of a conviction.
The Court can handle the matter based on relevant factors to the case. The Court may issue another form of less severe penalties and compensation for minor offences.
For example; in a minor case, the Court may order the defendant to fix the Damage and pay some fines to the Court. The Court can also order the offender to pay compensation to the owner of the goods/products.
Typically, the offence of wilful Damage is interpreted as a deliberate act of the offender to "disfigure" a shared or another property. However, you can also be guilty of an offence of “wilful damage” if you acted recklessly towards the property.
For the offence of Wilful Damage, the prosecutor only needs to prove that you were aware of the presence or the "fragility" of such item/property. Therefore, arguing that it was a reckless act may not be a defence in Court.
An example of a deliberate act of wilful Damage is throwing an object at a vehicle and shattering the windscreen. In this case, the offender actively and intentionally wanted to "disfigure" or damage parts of the vehicle.
An example of a reckless act is skidding in a mall and slamming against and breaking a glass door. In this case, the offender did not mean to but showed high disregard for the "fragility" of that piece.
The Court will assess all evidence and witnesses presented during the court proceedings before issuing a sentence. To establish a case of wilful Damage, the prosecutor must prove that;
The prosecutor must prove that there was no legal reason that justifies the act or permits such offence. It should be clear that the act may not be an offence of wilful Damage if a legal order or backing was enforcing such an act.
Also, it is not willful Damage if such property was damaged in the course of justice or legal order.
The offences of wilful Damage are very broad; depending on the circumstances, they can be;
However, depending on the State/Jurisdiction and the severity of the offence, these special cases of wilful Damage may attract penalties up to life imprisonment. The below special cases are listed under Queensland (QLD) legislation but are similar to other jurisdictions;
All these special cases of wilful damage offences are settled on indictment in a District or Supreme court.
The Police Check certificate reveals all the Disclosable Court Outcomes of a person’s criminal records. All convictions in your criminal records will appear on a Police check certificate unless special legislation prevents it.
All information that can and will be revealed on a Police Check forms the Disclosable Court Outcomes (DCOs). An applicant’s DCOs will show the following details on their Police Check;
If there is no disclosable conviction in your Criminal record, your Police Check will return with a No Disclosable Court Outcome (NDCO). Having an NDCO on your criminal history check may mean that you have a clean criminal record; or it may mean any other records cannot be disclosed in the Police Check certificate as they may not be relevant to the purpose of the check, or may have been classified as a spent conviction.
The scheme allows eligible offences to be wiped off an individual’s criminal record once they satisfy the prescribed criteria. The offender must observe a Good Behaviour period from the period of their conviction before their offences can be spent.
The spent convictions scheme is primarily for minor offences that had little impact on the victim or the state. Indictable offences like murder, rape, Armed robbery cannot be “spent."
The conditions for a Spent conviction is;
Crime Free Period under the Spent Convictions Scheme
This is a period of "Good Behaviour" of the offender. They must not get another conviction during this period unless the period restarts.
If the Damage was a minor one, or the Court does not issue up to a 30 months imprisonment term as a penalty, it may become spent after the offender observes the crime-free period.
However, those "special types" of wilful Damage or those offences that attract a severe imprisonment term cannot become spent. For example, wilful damage involving explosives to destroy property and a resulting imprisonment term of greater than 30 months cannot be spent under the law.
Convictions in a criminal record usually last a long time unless certain legal programs like the Spent Convictions Scheme erase such offences.
Usually, a criminal offence will remain on your adult record for ten years before any legal program can apply. However, severer records will stay on the Australian Criminal database for life.
If you are an individual, you can obtain a national criminal record check certificate online via Australian National Character Check’s police check application form. The results are dispatched via email.
Business and Enterprise Customers
Business and Enterprise customers are able to sign up to ANCC’s business portal where they can order, manage, track and view candidates’ criminal history check results on their business portal. Organisations will undergo a process for approval prior to being granted access to ANCC’s business portal.
ANCC sends an invite to the applicant to complete their criminal record check online and handles the application and informed consent form. Contact ANCC’s business and enterprise partnerships team today to enquire about setting up a business portal for your organisation.
Section 469(1) of the Criminal Code Act 1899 (QLD) - https://www.legislation.qld.gov.au/view/html/inforce/current/act-1899-009
Section 195(a) of the Crimes Act 1900 (NSW) - https://legislation.nsw.gov.au/view/html/inforce/current/act-1900-040
Section 444 of the Criminal Code Act Compilation Act 1913 (WA) - https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_218_homepage.html
Sections 15(1) and (37) of the Criminal Code Act 1924 (Tas) - https://www.legislation.tas.gov.au/view/html/inforce/current/act-1924-069
Section 197(1) of the Crimes Act 1958 (VIC) - https://www.legislation.vic.gov.au/in-force/acts/crimes-act-1958/294
Sections 116(3) and 403 of the Crimes Act 1900 (ACT) - https://www.legislation.act.gov.au/a/1900-40
Section 85 of the Criminal Law Consolidation Act 1935 (SA) - https://www.legislation.sa.gov.au/LZ/C/A/CRIMINAL%20LAW%20CONSOLIDATION%20ACT%201935.aspx
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