Wilful/Criminal Damage

Question 1

What are the points of proof for wilful damage?

Answer 1

Identity
Wilfully
Injury or damages
Property
Value under $5000

Question 2

What is the power of arrest for wilful damage?

Answer 2

S.458 crimes act (summary offence)

Question 3

What is the defence for wilful damage?

Answer 3

If the person acts under a fair and reasonable supposition that they had a right to do the act which is subject to scrutiny.

Question 4

What are the 4 elements of criminal damage

Answer 4

• that the accuses 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 believe 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 5

What is the arrest power for criminal damage

Answer 5

S459 crimes act - indictable offence

Question 6

What is the offence if the damage is caused by fire?

Answer 6

Criminal damage by fire
(s.197(6) crimes act)

Question 7

Who had the onus of proving the intent of a person in relation to criminal damage and when must the intent exist?

Answer 7

The onus is on the police prosecution to prove the accused person has the intent at the time of committing the offence.

Question 8

What is the jurisdiction for criminal damage

Answer 8

Up to $100,000 magistrates court.
Exceeds $100,000 - trail

Question 9

Explain the elements of the offence Possessing Anything with Intent to Destroy or Damage Property - s.199 Crimes Act

Answer 9

A person who has in their custody and control,
With the purpose of using it without lawful excuse,
To destroy or damage property,
With the purpose of using it