OF06: Wilful Damage Flashcards
3 Elements of wilful damage
Intentionally Damages Property OR Set fire to any tree or vegetation
What section is wilful damage?
Section 11 Summary offences act 1981
What is the penalty for wilful damage?
3 months imprisonment or a $2000 fine
Power of arrest
Section 39(1) summary offences act 1981
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
Sets fire to
Damages through use of fire
Any tree or vegetation
Any grown plant
Recklessly
Where the possible consequence are foreseen but continues the act.
Trying to throw a rock at a sign but misses and cracks the window behind it
Penalty for graffiti
Sentence of community work or $500 fine or both