Damage offences Flashcards
Damage to property- TR
Only happen on PTV and is relevant to property of transport companies
S/O
Value of Damage < infringement (value of issues fine
does not include property of a member travelling on PTV
Wilful Damage SOA
Mens rea offence as we require proof that a person wilfullly (intentionally or recklessly) intended to do the damage. (not accidental)
S9 SOA
Willfully injures or damages any property (private or public)
A charge under this section can only be made if the value of the damage is less then $5000
Power to arrest S/O S458CA
Criminal Damage- CA
Serious I/O
Intentionally and without lawful excuse
S197 (1) CA
Criminal damage
A person who intentionallly and without lawful excuse destroys or damages any property belonging to another
A charge under this section can only be made if the value of the damage is more than $5000
Power of arrest I/O S459 CA
Regulation 20TR
A person must not destroy, damage or deface any property belonging to PTV.