OF06: Wilful Damage

Question 1

What does ‘Wilful Damage’ mean?

Answer 1

Intentional act of damaging another person’s property without authority

Question 2

The offence of wilful damage is found under which enactment?

Answer 2

Summary Offences Act 1981, Section 11

Question 3

Name the elements of Section 11(1)(a)

Answer 3

Intentionally
Damages
Property

Question 4

Name the elements of Section 11(1)(b)

Answer 4

Intentionally
Sets fire to
Any tree or vegetation

Question 5

Why is the word ‘any’ not included in the elements?

Answer 5

A person cannot be charged if they damaged their own property

Question 6

When is ‘any property’ applicable?

Answer 6

When the person damages their own property with intent to defraud or cause loss to another person

Question 7

Define intentionally

Answer 7

Deliberate or reckless act without lawful justification or excuse or claim of right

Question 8

Define reckless

Answer 8

Where possible consequences are known however continues in the act

Question 9

Damages

Answer 9

Temporary or permanent loss in value or of usefulness

Question 10

Define property

Answer 10

An object or item that belongs to a person and capable of being damaged

Question 11

What is the statute of limitations for ‘Wilful Damage’?

Answer 11

6 months

Question 12

Under Section 11A, spray cans are not to be sold to who?

Answer 12

Any CYP under the age of 18 years

Question 13

What is the requirement to sell spray cans the the public?

Answer 13

Restricted access to the public with assistance of an employee

Question 14

What is the title of Section 11A?

Answer 14

Graffiti vandalism, tagging, defacing, etc

Question 15

Which Section gives Police the power to arrest for ‘Wilful Damage’?

Answer 15

Section 39(1)

Question 16

State what is contained in Section 39(1)

Answer 16

Any constable may arrest and take into custody without a warrant any person whom he has good cause to suspect of having commit the offence