Offences: Wilful Damage Flashcards
1
Q
What Act is Wilful Damage found in?
A
Summary Offences Act 1981 Section 11(1)(a) and 11(1)(b)
2
Q
What the ELEMENTS of Wilful Damage?
A
-Intentionally
-Damges property,
OR
-Sets fire to any tree or vegetation
3
Q
Define “Intentionally”
A
A deliberate act 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.
4
Q
Define “Recklessly”
A
Where the possible consequences are foreseen but continues the act regardless of the risk.
5
Q
Define “Property”
A
Something that belongs to another person and is capable of being damaged.
6
Q
Define “damages”
A
Temporary or permanent reduction in the value and usefulness of the property.
