OF06 Wilful damage Flashcards
What are the elements of wilful damage 11(1)(a)?
Intentionally
Damages
Property
What are the elements of wilful damage 11(1)(b)?
Intentionally
Sets fire to
Any tree or vegetation
Intentionally: proven by
A deliberate act, without lawful justification, excuse or
claim of right.
OR
A reckless act [where the possible consequences are foreseen
but continues the act regardless of the risk], without lawful
justification, excuse or claim of right.
Damages: proven by
Temporary or permanent reduction in the value and/or
usefulness of the property.
Property: proven by
Something that belongs to another person and is capable of
being damaged.
Sets fire to; proven by
Damages through use of fire.
Any tree or vegetation; proven by
Any growing plant.
Recklessly definition;
Where the possible consequences are foreseen but continues the act regardless of the risk, without lawful justification, excuse or claim of right.
What sections are the graffiti offences?
11a Graffiti, vandalism, defacing etc
11b Possession of graffiti implements
What is the statute of limitation for Summary Offences?
6months