Offence - Wilful Damage Flashcards

1
Q

<p>Offence: Wilful Damage 1

| <br></br>What is the Act and Section?</p>

A

<p>Summary Offences Act 1981

| <br></br>Section 11(1)a</p>

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2
Q

<p>Penalty</p>

A

<p>3 months imprisonment
<br></br>$2000 fine</p>

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3
Q

<p>Elements</p>

A

<p>Intentionally
<br></br>Damages
<br></br>Property</p>

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4
Q

Offence: Wilful Damage 2

What is the Act and Section?

A
Summary Offences Act 1981 
Section 11(1)(b)
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5
Q

Penalty

A

3 months imprisonment

$2000 fine

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6
Q

Elements

A

Intentionally
Sets fire to
Any tree or vegetation

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7
Q

What time period does the Summary Offences Act 1981 require prosecutions to be commenced within?

A

6 months

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8
Q

What time period does the Crimes Act 1961 require prosecutions to be commenced within?

A

There is no limit for commencing proceedings.

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9
Q

What does “intentionally” mean for Wilful Damage 1?

Intentionally
Damages
Property

A

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.

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10
Q

What does “damages” mean for Wilful Damage 1?

Intentionally
Damages
Property

A

Temporary or permanent reduction in the value and/or usefulness of the property.

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11
Q

What does “property” mean for Wilful Damage 1?

Intentionally
Damages
Property

A

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

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12
Q

What does “intentionally” mean for Wilful Damage 2?

Intentionally
Sets fire to
Any tree or vegetation

A

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.

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