Offence - Wilful Damage Flashcards
<p>Offence: Wilful Damage 1
| <br></br>What is the Act and Section?</p>
<p>Summary Offences Act 1981
| <br></br>Section 11(1)a</p>
<p>Penalty</p>
<p>3 months imprisonment
<br></br>$2000 fine</p>
<p>Elements</p>
<p>Intentionally
<br></br>Damages
<br></br>Property</p>
Offence: Wilful Damage 2
What is the Act and Section?
Summary Offences Act 1981 Section 11(1)(b)
Penalty
3 months imprisonment
$2000 fine
Elements
Intentionally
Sets fire to
Any tree or vegetation
What time period does the Summary Offences Act 1981 require prosecutions to be commenced within?
6 months
What time period does the Crimes Act 1961 require prosecutions to be commenced within?
There is no limit for commencing proceedings.
What does “intentionally” mean for Wilful Damage 1?
Intentionally
Damages
Property
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.
What does “damages” mean for Wilful Damage 1?
Intentionally
Damages
Property
Temporary or permanent reduction in the value and/or usefulness of the property.
What does “property” mean for Wilful Damage 1?
Intentionally
Damages
Property
Something that belongs to another person and is capable of being damaged.
What does “intentionally” mean for Wilful Damage 2?
Intentionally
Sets fire to
Any tree or vegetation
A deliberate or reckless act (where the possible consequences are foreseen but continues the act regardless of the risk), without lawful justification, excuse or claim of right.