OF06 Wilful Damage

Question 1

What are the elements of ‘Wilful damage (property)’?

Answer 1

1. Intentionally
2. Damages
3. Property

Question 2

What are the elements of ‘Wilful damage (tree or vegetation)’?

Answer 2

1. Intentionally
2. Sets fire to
3. Any tree or vegetation

Question 3

Deliberate act vs reckless act

Answer 3

Deliberate act - An act where mens rea was present.

E.g. Keying someone’s car to leave a scratch down the side of it.

Reckless act - Where the possible consequences are foreseen but continues the act regardless of the risk. Foreseeable, but not desired or intended.

E.g. Bill and Ben throwing stones at seagulls when a dairy owner tells them to stop because they might damage his neon sign. Bill and Ben ignore the warning and a short time later, a rock thrown by Bill does hit and break the sign.

Note: Both these are consdiered ‘intentional’ and therefore full culpability with regards to being charged for wilful damage.

Question 4

What does intentionally mean with regards to wilful damage subsection (1)?

Answer 4

A person does an act intentionally if he does it intentionally or recklessly, and without lawful justification, excuse, or claim of right.

Question 5

What is the time limit for commencing prosecutions under the Summary Offences Act 1981 and what is an alternative?

Answer 5

Summary Offences Act 1981 requires that prosecutions be commenced within six months.

The Crimes Act 1961 does not set time limits for prosecutions to be commenced, therefore if there is a similar offence then we have the option to charge under this Act instead.

E.g. s 11, Summary Offences Act 1981 for wilful damage is similar to s 269, Crimes Act 1961 for intentional damage