VIC Damaging a car; got caught on CCTV

Discussion in 'Criminal Law Forum' started by carnister, 18 December 2018.

  1. carnister

    carnister Member

    Joined:
    18 December 2018
    Messages:
    2
    Likes Received:
    0
    Assuming that a car was parked on my parking lot and I decided to damage it. However, upon doing the act, it appears that there was a CCTV nearby.

    The CCTV might have captured me alighting from my car and going towards my parking lot - which the unauthorised vehicle was there. It may also have captured me going to and fro and probably splashing water on the car.

    Apart from that, it didn’t capture me damaging the car (for instance, keying or scratching or denting).

    Would the police have sufficient evidence to press charges? If so, what can I do?
     
  2. Scruff

    Scruff Well-Known Member

    Joined:
    25 July 2018
    Messages:
    517
    Likes Received:
    75
    Your missing an important fact that could blow your entire defence apart.

    If you claim that you didn't do the damage and the camera shows that no-one else went anywhere near the car, then the video evidence proves that you were the only person with opportunity. It does not have to show that you actually did the damage if it does show that no-one else could have. This would be enough to satisfy "beyond reasonable doubt" - the key word being "reasonable" (what a normal person would believe).

    You therefore need the full day's video to see if it shows anyone else going near the car, in which case your defence would be that there is reasonable doubt because the same video evidence shows that others had opportunity.

    Regardless of all of that, there is the matter that you threw water on the car or whatever, which shows behaviour consistent with that of the offender. The video is unlikely to show that for anyone else.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
    #2 Scruff, 18 December 2018
    Last edited: 18 December 2018
  3. carnister

    carnister Member

    Joined:
    18 December 2018
    Messages:
    2
    Likes Received:
    0
    But what happens if say there is a blind spot - which could potentially not capture anyone going near the car? The camera that captured me was the only camera that could capture me going to the car from that one direction? Meaning to say that there is a possibility of someone going near the car but not being captured?

    Moreover, even if it does not show that no-one else could have done that damage but that could easily be refuted by saying it could possibly be an existing damage. The owner of the Lot going near to the offending car is definitely reasonable.

    Last but not least, what are the available defences, possible penalties and reasonable prospect of an investigation being carried out in such circumstances?
     
  4. Scruff

    Scruff Well-Known Member

    Joined:
    25 July 2018
    Messages:
    517
    Likes Received:
    75
    I think you're talking about too many hypotheticals and that is always a problem. It can lead to a whole bunch of responses to issues that don't eventuate, therefore people view it as waste of their time.

    You need to stick to the facts that you know. Is there a blind spot? If you know anything about CCTV cameras, then you would know that there are many different types. They can have narrow or wide fields of view, some can pan and tilt, some can zoom, some can see in the dark. Depending on the type of camera, it may have been looking directly at the car all day or it might not have caught you or the car at all at the time in question.

    So if you know something, then feel free to ask, but don't keep asking about hypotheticals because you're far less likely to get any responses.
    Another thing to remember is that if you did damage the car and you're simply trying to find a way out of it, no-one here is likely to help anyway because of the way you're going about it.

    Has something been reported to the Police? (You haven't even told us that much.)
    Did the Police mention video evidence?
    Did the Police show you the video? If so, what exactly does it show?

    If you have a genuine problem, then people will help. But no more hypotheticals. Facts only please and you may get some responses.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  5. Adam1user

    Adam1user Well-Known Member

    Joined:
    5 January 2018
    Messages:
    426
    Likes Received:
    22
    I read all comments, one point was not mentioned by anyone and I quote: "on my parking lot", I think even if there are others around the area, that may not assist as it belongs to you and no one would have approached! this is one point which was not considered.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  6. sammy01

    sammy01 Well-Known Member

    Joined:
    27 September 2015
    Messages:
    3,317
    Likes Received:
    470
    did you damage the car? If yes then you are a criminal and it is likely that any CCTV footage that puts you in the vicinity of the car. So let's play a game called GUILTY YOUR HONOUR. You find yourself at the police station, you are asked did you damage the car, how are you gonna answer? Do you think the cops are gonna let you see the CCTV footage before you answer the question so you know what evidence they may have? Of course not.... So now you have a problem. Lie to the cops and risk the consequences of that IF this finds itself infront of a magistrate, OR tell the truth... The other problem you have is that you're the most likely culprit. Short of an anonymous act of vandalism... I'm no cop, but given only one car in the lot was targetted, I reckon they're gonna come a knocking on your door...

    My advice - tell the truth. WHY? Well if the cops have investigated and found reason to interview you, then I reckon they're pretty confident they've got their man.

    So it happened on YOUR parking lot? BIG DEAL. SO WHAT... NON ISSUE. So based on your crazy logic... Next time the Jehovis Witness folk knock on your door you can break their nose? because they are on your property? So I've noticed sometimes there are signs up at parking places. Warning - unauthorised parking will be fined / towed / wheel clamped.... BUT they never say WARNING PARK HERE AND YOUR CAR WILL BE DAMAGED. WHY? because it is illegal to damage other people's stuff, even if it is on your parking space.

    So help me out here... You threw water on the car? That is all you did? Just water? So next time someone parks in your space wash their car for them... But tht is not what happened here. If the cops come knocking, tell the truth. You damaged the car. Simple

    So to answer the question - what can you do? plead guilty.
     
Loading...

Share This Page

Loading...
gt;