Causing Damage to Sea, River or Canal is an offence under section 202 of the Crimes Act 1900, which carries a maximum penalty of 7 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You destroyed, damaged, removed or interfered with piles or other materials that form part of, or have been fixed or placed into position to secure, a:
a. Sea wall or similar structure
b. Bank or bed of a dam, weir or lock on a river or canal
c. Drain, aqueduct, marsh or reservoir, or
d. Dock, quay, wharf, jetty or other harbour installation, or you opened a floodgate or sluice on or at a damn, weir, reservoir or watercourse, and
- You did so intentionally or recklessly.
Alternatively, the prosecution must prove beyond reasonable doubt that:
- You interfered with or obstructed the flow of a river canal, or you damaged or interfered with the bank or bed of a river or canal, and
- You did so intending to obstruct or hinder vessels or boats.
Alternatively, the prosecution must prove beyond reasonable doubt that:
You destroyed, damaged or interfered with a structure or equipment.
Constructed or installed in connection with the use of a river or canal for navigational purposes.
A ‘vessel’ is defined as a water craft of any description used, or capable of being used as a means of transportation on water.
‘Interfere with’ includes alter, deface, remove, obliterate, conceal or add.
Defences to the charge include:
- Necessity, and
- Self defence.
If you are going to court for Causing Damage to Sea River Canal, call Sydney Criminal Lawyers 24/7 on (02) 9261 8881 to arrange a free first conference with an experienced defence lawyer who will advise you of your options and the best way forward, and fight to secure the optimal outcome.
Read on for more information.
Section 202 of the Crimes Act 1900 deals with the offence of ‘Causing Damage to Sea River Canal’ and reads as follows:
202 Causing damage etc to sea, river, canal and other works
A person who:
(a) intentionally or recklessly destroys, damages, removes or interferes with piles or other materials that form part of, or have been fixed or placed in position in order to secure:
(i) a sea wall or other structure designed to prevent erosion by the sea,
(ii) the bank or bed of, or a dam, weir or lock located on, a river or canal,
(iii) a drain, aqueduct, marsh or reservoir, or
(iv) a dock, quay, wharf, jetty or other harbour installation,
(b) intentionally or recklessly opens a floodgate or sluice that is located at or on a dam, weir, reservoir or watercourse, or
(c) with the intention of obstructing or hindering the navigation of vessels or boats on a navigable river or canal:
(i) interferes with or obstructs the flow of the river or canal,
(ii) damages or interferes with the bank or bed of the river or canal, or
(d) destroys, damages or interferes with any structure or equipment constructed or installed in connection with the use of the river or canal for the purposes of navigation, is liable to imprisonment for 7 years.
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We have the best and most comprehensive client review record of any law firm in Australia.
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We have received more awards and accolades than any other criminal law firm in Australia. Our team has been awarded “Criminal Defence Firm of the Year in Australia” in a number of prestigious and competitive awards programs for several years running.
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We want our clients to know exactly how much their cases will cost from the very start. That’s why we were the first criminal law firm in Australia to publish ‘fixed fees’, back in 2004.
We offer fixed fees for most types of criminal cases and services.Our fixed fees apply to a range of Local Court cases such as drink driving, drug possession, fraud, common assault and AVOs, and also specific services such as prison visits, bail applications, appeals and defended hearings.
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And we offer fixed fees for most criminal and traffic law cases throughout the state.
Our entire firm is exclusively dedicated to criminal law – which makes us true specialists.
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