OF06 Wilful Damage Flashcards
1
Q
Elements for wilful damage S11(1)(a)
A
Intentionally
Damages
Property
2
Q
Elements for wilful damage section 11(1)(b)
A
Intentionally
Sets fire to
Any tree or vegetation
3
Q
Meaning of intentionally:
A
A deliberate act, without lawful justification, excuse or claim of right
4
Q
Meaning of recklessly:
A
A reckless act (consequences seen but continues act) without lawful justification, excuse, claim of right
5
Q
Meaning of property:
A
Belongs to another person and capable of being damaged
6
Q
Meaning of damages:
A
Temporary or permanent reduction in value / usefulness
7
Q
What is the time frame for prosecution to be commenced:
A
Summary offences act - within 6 months
Crimes act- no time limit
