Property Offences Flashcards
What is the definition of Property under 238
Property means any real or personal property of tangible nature, and; without limiting paragraph A, includes:
A wild creature that is tamed or ordinarily kept in captivity or that is being reduced into the possession of a person, and
Any organ or part of a human body and any blood, ova, semen or other substance extracted from the human body
Under s238, what does damage to property incude
Destroying the property
Causing any physical loss of the property by interfering with the property 9including removing any restraint over the property or abandoning the property.
Causing any loss of use or function
Defacing the property
For a document- obliterating or rendering illegible the whole or any part
For an animal- harming or killing
For a plant or other thing forming part of land- severing it from the land
Under s248, in what 3 circumstances would a defendant NOT be criminally responsible for an off relating to property damage?
IF at the time of the conduct constituting the offence, the person entitles to consent to the damage to the property concerned had so consented
IF at the time of the conduct, the defendant believed that:
He had consent or
Such a person would have consented if that person had known about the damage
Under s240, when does a person cause damage
A person cause damage or any other result if the person’s conduct substantially contributes to the damage or other result
Definition s241, damage to property
A person is guilty of an offence, if the person causes damage to property belonging to another:
The person “intentionally” causes damage to property belonging to that other person or someone else, or
The person is reckless as to causing damage to property belonging to that other person or someone else
What are the fault elements to damage to property
Intentionally, or
Reckless
What are the 5 points of proof to damage to property
Identify the offender
Identify the property
Identify the damage caused to property by offender
Identify to whom the property belongs
Intent, as to intentionally or reckless
S 241.2 Damage to property (threat)
A person is guilty of an offence if the person make a threat to another person to cause damage to property if:
The person intentionally make a threat to another person to cause damage to property and;
The person is reckless as to causing the other person to fear that:
The threat will be carried out and
The carrying out of the threat will cause death of serious harm to someone
What are the points of proof to damage to property (threat)
Identify the offender
Identify the threat
Identify the person whom the threat was made
Identify the property threatened
Identify if intentional or reckless
What is the definition of a vehicle
Means any means of conveyance which runs on wheels but doesnt include any vehicle used on highway
S.49 Illegal use of vehicle
A person, who without reasonable excuse:
Interferes with or tampers with any vehicle
Work or uses any horse of other beast of burden or
Interferes with, tampers with or goes on board of a boat
Without the consent of the owner or the person in lawful charge, thereof, shall be guilty of an offence
S.241A Ram Raids
A person commits an offence if:
the person drives a motor-vehicle and
the person engages in that conduct with the intention of using the vehicle to damage property and
The conduct results in damage to property
Publishing material about offending conduct
A person commits an offence if the person:
Publishes material on social media and
The material depicts conduct that constitutes an offence against
provision ……and;
The person publishes the material with the intention of any of the following:
Increasing the reputation or notoriety of a person who engaged in the conduct;
Boasting of the conduct
Glorifying the conduct;
Encouraging other to engage in similar conduct
Defence to Publishing Material about Offending Conduct (x3)
Fictional
Published for genuine academic, artistic, educational, journalistic, literary, satirical or scientific purpose
To inform the public in order to:
complain about the conduct or
Warn, notify or promote awareness of the conduct
