OF06 - Wilful Damage

Question 1

What are the elements of Wilful damage in the Summary Offences act 1981 section 11(1)(a)?

Answer 1

Intentionally
Damages
Property

Question 2

What are the elements of Wilful damage in the Summary Offences act 1981 section 11(1)(b)?

Answer 2

Intentionally
Sets fire to
Any tree or vegetation

Question 3

What does intentionally mean?

in terms of wilful damage

Answer 3

A deliberate OR reckless act [where the possible consequences are foreseen but the continues the act regardless of the risk] without lawful justification, excuse or claim of right.

Question 4

What does Damages mean?

in terms of wilful damage

Answer 4

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

Question 5

What does Property mean?

in terms of wilful damage

Answer 5

Something that belongs to another person and is capable of being damage.

Question 6

What is the penalty for wilful damage?

Answer 6

3 months imprisonment or a $2000 fine

Question 7

What is the time-frame for prosecution to commence for Wilful damage?

Answer 7

Within 6 months

Question 8

What does it mean by reckless act?

Answer 8

where the possible consequences are foreseen but continues the act regardless of the risk