Criminal Damage With a View to Gain

Question 1

outline The offence of criminal damage with a view to gain

Answer 1

Criminal damage with a view to gain is an offence under Crimes Act 1958 s197(3).

The offence of criminal damage with a view to gain has the following three elements:

1. The accused damaged or destroyed property;
2. The accused did so dishonestly;
3. The accused did so with a view to gain for himself or another (Crimes Act 1958 s197(3)).

Question 2

what is this offence primarily aimed at

Answer 2

This offence is primarily aimed at preventing people from damaging or destroying property in order to make false insurance claims (DPP Reference (No 1 of 1988) [1989] VR 857).

Question 3

outline the 2nd element the prosecution must prove that is the accused acted dishonestly (Crimes Act 1958 s197(3)).

Answer 3

To determine whether the accused acted dishonestly, the jury must:

1. Determine whether the accused had the knowledge, belief or intent which is said to make his or her actions dishonest; and
2. Determine whether, based on that knowledge, belief or intent, the act was dishonest (Peters v R (1998) 192 CLR 493; Macleod v R (2003) 214 CLR 230).

Question 4

Oultine The third element the prosecution must prove the accused acted with a view to gain for him or herself or another (Crimes Act 1958 s197(3)).

Answer 4

the word ‘Gain’should be given a wider or general interpretation. It may not be limited to “financial advantage” or “profit”.

“Gain” does not need to be measured in “balance sheet” terms (DPP Reference (No 1 of 1988) [1989] VR 857).

The jury must determine whether a view to gain existed at the time the accused damaged or destroyed the property.

While it is not necessary for the prosecution to prove that the accused later committed acts in order to gain some kind of benefit from the damage or destruction (e.g., by lodging an insurance claim), evidence of later acts may help to establish this element.