Crimes Act 1961, Wilful Damage

Question 1

What Act and section is willful Damage?

Answer 1

Summary offences Act 1981, Section 11.

Question 2

Willful damage, Intentionally meaning?

Answer 2

A deliberate act, without lawful justification, excuse or claim of right.

OR

A reckless act [where the possible consequences are foreseen but continue the act regardless of the risk] without lawful justification excuse or claim of right.

Question 3

Willful damage, Damages meaning?

Answer 3

Temporary or permanent reduction in the value and/or usefulness of the property.

Question 4

Willful damage, Property meaning?

Answer 4

Something that belongs to another person and is capable of being damaged.

Question 5

Willful damage, Section 11 (1)(b), Sets fire to meaning?

Answer 5

Damages through use of fire.

Question 6

Willful damage, Any tree or vegetation?

Answer 6

Any growing plant.

Question 7

What is the time frame for a prosecution to be commenced?

Answer 7

Prosecutions to be commenced within 6 months.

Question 8

What powers off arrest do you have in relation to willful damage?

Answer 8

Summary offences Act 1981, Section 39(1), Arrest.

Question 9

What are the three elements of the Summary offences Act 1981 Section 11(1)(a)

Answer 9

1: Intentionally
2: Damages
3: Property

Question 10

What are the three elements of the Summary offences Act 1981, Willful damage, Section 11(1)(b)

Answer 10

1: Intentionally
2: Sets fire to
3 Any Tree or vegetation