Wilful Damage Flashcards
1
Q
What are the elements of wilful damage?
A
Intentionally.
Damages.
Property.
2
Q
What is intentionally proven by?
A
A deliberate act, without lawful justification, excuse, or claim of right
OR
A reckless act where the possible consequences are foreseen but continues the act regardless of the risk, without lawful justification, excuse or claim of right.
3
Q
What is the element of damages proven by?
A
Temporary or permanent reduction in the value and / or usefulness of the property.
4
Q
What is the element of property proven by?
A
Something that belongs to another person and is capable of being damaged.
5
Q
What is the Act and section for wilful damage?
A
Summary of offences Act 1981 section 11(1)(a)
6
Q
What is the maximum penalty for wilful damage?
A
3 months imprisonment.
