Wilful And Criminal Damage

Question 1

What is the offence of wilful damage?

Answer 1

Any person who willingly injures or damages any property (whether private or public) and the damage done being under the value of $5000 shall be guilty of an offence. Found in section 9(1)(c) of the Summary Offences Act 1966.

Question 2

What are the points of proof for Wilful damage?

Answer 2

• Identity
• Wilfully
• Injures or Damages
• Property
• Value under $5000

Question 3

How can you define ‘wilful’?

Answer 3

“Wilful” means to commit an act which is intentional or is reckless to the consequences of that act.

Question 4

What is property defined as?

Answer 4

Property is defined as real or personal property of a tangible nature.

Question 5

What is the defence to wilful damage?

Answer 5

If the person acts under a reasonable and fair supposition that they had the right to do the act which is subject to scrutiny. The onus is on the defence to satisfy the court that they had this position.

Question 6

What kind of charge is wilful damage?

Answer 6

Summary, heard in Magistrate’s Court.

Question 7

What are the elements of Criminal Damage? (4)

Answer 7

• that the accused damaged or destroyed property
• that the property belonged to another or himself and another
• that the accused intentionally damaged or destroyed the property, or knew or believed that damage or destruction was the likely result of their actions;
• that the accused had no lawful excuse for damaging or destroying the property

Question 8

What is the jurisdiction of Criminal Damage?

Answer 8

if the damage is under $100000 it is heard and determined IOTS at the Magistrate’s Court. If the damage is over $100000 it must go for trial and will be heard at the county court.

Question 9

When does someone have a lawful excuse for damage caused?

Answer 9

When the accused person honestly believes.

• the owner would have consented; or
• the property belonged solely to them; or
• they had a right or interest in the property that authorised them to engage in the conduct; or
• the person, the accused believed was entitled to consent to the damage or destruction had consented or they would have consented if they knew the circumstances around the damage or destruction

Question 10

In what jurisdiction does the charge Possessing anything with Intent to Destroy or Damage Property?

Answer 10

The case can be heard and determined IOTS by the Magistrate’s Court.