Wilful Damage Flashcards
1
Q
What are the elements of Wilful Damage?
A
Intentionally
Damages
Property
Intentionally
Sets on fire
Any tree or vegetation
2
Q
How do you prove intentionally?
A
A deliberate act without lawful justification, excuse or claim of right
OR
A reckless act without lawful justification, excuse or claim of right
3
Q
How do you prove damages?
A
Temporary or permanent reduction in the value or usefulness of the property
4
Q
How do you prove property?
A
Something that belongs to another person and is capable of being damaged
5
Q
What’s the penalty for Wilful Damage?
A
3 months imprisonment/$2000 fine
6
Q
What’s the powers of arrest for Wilful damage?
A
Section 39 Summary Offences Act 1981
