Malicious Damage Charge Dismissed: No Penalty for Maserati Damage | Blacktown Local Court
Our client charged with malicious damage to a high-end Maserati had the charge completely dismissed at Blacktown Local Court with no conviction, fine, or compensation order. Through strategic negotiations recharacterizing the conduct as reckless rather than intentional and using an unfulfilled restitution offer as mitigation, we secured a clean slate despite the serious property damage.
Malicious Damage
Case Overview
Charge: Malicious Damage Charge
Client: Anonymous
Court Location: Blacktown Local Court
Our client recently appeared before the Blacktown Local Court charged with malicious damage to property, specifically involving a high-end Maserati vehicle. The damage, while not minor, had been caused during an emotionally heightened incident involving significant provocation.
Despite the value of the property involved, our client had no prior criminal history, and the matter was capable of being resolved without the need for severe punishment with the right approach.
Once engaged, the team at Elbob & Stephenson Legal:
Engaged in early negotiations with the prosecution, successfully arguing that the conduct should be characterised as reckless rather than intentional, a significant distinction when it comes to assessing both criminality and appropriate penalty
Raised the presence of provocation and emotional distress as strong mitigating factors during the sentencing hearing
Advised our client to make a formal offer to pay for the damage, which we communicated to the Officer-in-Charge, knowing that police often cannot facilitate such private restitution. This offer, though ultimately unacted on, was used as further evidence of our client’s remorse and willingness to make amends
Used the unfulfilled restitution offer to block any compensation order being made against our client, as the offer had been made and effectively refused by way of non-facilitation
Thanks to our strategic advocacy and the emphasis on mitigation and contrition, the Court:
Dismissed the charge
Imposed no fine
Recorded no conviction
Made no compensation order
Despite the serious nature of the property involved, our client walked away with no criminal record, no financial penalty, and a clean slate, a result only possible through a combination of legal insight, negotiation, and smart case management.
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