OF06 Wilful Damage

Question 1

What are the three elements of Wilful Damage Summary Offences Act 1981 11 (1) (a)?

Answer 1

1. Intentionally
2. Damages
3. Property

Question 2

What are the three elements of Wilful Damage Summary Offences Act 1981 11 (1) (b)?

Answer 2

1. intentionally
2. sets fire to
3. Any trees or vegetation

Question 3

Define Intentionally

Answer 3

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

Question 4

Define Recklessly

Answer 4

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

Question 5

Define Damages

Answer 5

A temporary or permanent reduction in value or usefulness of a belonging.

Question 6

Define Property

Answer 6

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

Question 7

Define sets fire to

Answer 7

Damages through use of fire.

Question 8

Define vegetation

Answer 8

Any growing plant.

Question 9

Can a part owner be charged with Wilful Damage?

Answer 9

Yes, only if you can prove he damaged the property or cause loss to or defraud the other part owner.

Question 10

When must a wilful damage prosecution be lodged by?

Answer 10

up to 6 months after the offence was committed.