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Holding Against Will, Willfull Damage?

Discuss anything to do with property law - buying, selling property

Holding Against Will, Willfull Damage?

Postby Achishar » Sun Mar 01, 2015 1:55 am

If someone was to box a car in with a woman and 3 kids at 11.30pm, for app.10 mins and was kicking and jumping on the car trying to get in, which resulted in $3000 damage, what would the charge be and is it something that would be regarded as serious??

Thankyou....
Achishar
 
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Holding Against Will, Willfull Damage?

Postby ashtin » Sun Mar 01, 2015 10:53 pm

Kerry,

Australia law is obviously not my expertise i can only answer in context of American law which as you may know is pretty much based on British Common Law so there will be similarities.  In my jurisdiction this would be as you describe damage to property, depending on the prevailing local statue at to the amount of damage it will determine if it is a felony or misdemeanor.  The blocking in can be interpreted several ways, assault, attempt, even possibly forced detention.  That is very dependent on local jurisdiction laws and the individual case facts and suspect history.  If it was my wife and children it would be very serious.  Unfortunately or fortunately by working with in the system it takes a lot of the personal issues out of it.

I presume you reported to the police.  

Sorry i can't be more specific but the varying jurisdiction and the ambiguous " serious" does not allow me to be more specific.  I would be curious as to what the suspects assertions were.

Good luck

robin
ashtin
 
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