Elements of Wilful Damage
11(a) -Intentionally
- Damages
- Property
11(b) - Intentionally
- Sets fire to
-Any tree of vegetationIntentionally…..
A deliberate act, without lawful justification, excuse or claim of right
OR
A reckless act , without lawful justification, excuse or claim of right
Damages……
Temporary or permanent reduction in the value and/or usefulness of the property.
Property …….
Something that belongs to another person and is capable of being damaged.
Recklessly
Possible consequences are foreseen but continues the act regardless of the risk.
Without claim of right…..
No belief in a right to own or possess the property
What is the timeframe for the prosecution to be commenced?
Within 6 months