SA Criminal Law - Is This Malicious Property Damage?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Timnuts

Well-Known Member
7 April 2016
57
8
224
I had all my property that was my personal property stored in a shed that was a second garage attached to the house. I still own the house and mortgaged still with my ex.

My ex and my 3 kids live in the house as I have moved out. I gave her everything and I only asked to have all my personal property to be stored in this shed.

Earlier this year, I found out by my very good neighbour that my ex-wife and her new boyfriend had removed my personal property and disposed of a total of $20k-$25k in value of my property. Not only did they dispose of it, they ordered skip bins to do so and they let random strangers enter my shed and picked over it like it was rubbish, but what I am most upset about was when I was told they pushed my Kawasaki 550 zyphr down my drive way sideways, which has got a slight ramp and decent, then picked it up, leaned it up against the skip bins with two signed cardboard boxes saying, 'free stuff take here and free motorbike'.

All this was witnessed by my good neighbour.

Is this intentional malicious property damage and accessory to the the fact under criminal law?
 
  • Like
Reactions: Timothy Longmire

Iamthelaw

Well-Known Member
13 September 2016
412
86
794
Based on what you've described it may be theft (due to the assumption of the owner's rights) and criminal damage.
 

sammy01

Well-Known Member
27 September 2015
5,152
720
2,894
Yep, definitely malicious property. But is anyone going to help you do anything about it? Nope? Is there anything you can do about it? Nope.

For what it is worth, I feel for you. I've had similar. My ex was good enough to 'offer' me the opportunity to buy my stuff back. She had the audacity to ask me to make a list of the items and a value for her to consider. I could see where this was heading and didn't bother. I toyed around with paying a solicitor to see if there were any legal avenues available to me, but quickly realised that buying new stuff was gonna be cheaper than going through the legal process.

So photos of my youth, travels, cd collection, personal items, possessions bequeathed to me by grandparents (of little value to anyone but me) and some pricey items too all gone.

Hurt for a while, but I was never really materialistic. Now I'm even less so. Live and learn....