OF06: Wilful Damage

Question 1

What are the elements of Wilful Damage, property?

Answer 1

Intentionally;
A deliberate act, without lawful justification, excuse or claim of right
OR
A reckless act, without lawful justification, excuse or claim of right

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

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

Question 2

What are the elements of Wilful Damage, fire?

Answer 2

Intentionally;
A deliberate act, without lawful justification, excuse or claim of right
OR
A reckless act, without lawful justification, excuse or claim of right

Sets fire to;
Damages through use of fire

Any tree or other vegetation
Any growing plant

Question 3

Where do you find your powers of arrest for the offence of Wilful Damage?

Answer 3

Section 39(1) of the Summary Offences Act 1981;
Any constable, and all persons whom he calls to his assistance, may arrest and take into custody without a warrant any person whom he has good cause to suspect of having committed an offence against any of the provisions of this Act

Question 4

For more serious cases of intentional damage which Act and Section should you consider?

Answer 4

Section 269 of the Crimes Act 1961

Question 5

What is the meaning of reckless?

Answer 5

where the possible consequences are foreseen but continues the act regardless of the risk;
With no lawful justification, excuse or claim of right

Question 6

What is the meaning of intentionally?

Answer 6

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

Question 7

What Act and Section do you find the offence of Wilful Damage in?

Answer 7

Section 11, Summary Offences Act 1981

Question 8

What section of the summary offences act deals with wilful damage to property?

Answer 8

Section 11(1)(a)

Question 9

What section of the summary offences act deals with setting fire to trees or vegetation?

Answer 9

Section 11(1)(b)

Question 10

What is the meaning of property?

Answer 10

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

Question 11

What is the meaning of damages?

Answer 11

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

Question 12

In regards to commencing proceedings what is the difference between the summary offences and the crimes act for Wilful Damage?

Answer 12

within 6 months for Summary Offences Act

No time limit for Crimes Act

Question 13

What two things are meant by the term intentional?

Answer 13

• Deliberate

- Reckless