Wilful Damage Flashcards
What are the elements for wilful damage?
Intentionally
Damages
Property
Or
Intentionally
Sets fire to
Any tree or vegetation
What does intentionally mean?
Deliberate act, without lawful justification, excuse or claim of right
What does recklessly mean?
Possible consequences are foreseen but continues the act regardless of the risk
What does property mean?
Something that belongs to another person and is capable of being damaged
What does damages mean?
Temporary or permanent reduction in the value and/or usefulness of the property
What is the time frame for a prosecution to be commenced?
Summary offences wilful damage has to be commenced within 6 months, but the crimes act wilful damage sets no time limit for commencing proceedings