Wilful Damage

Question 1

What does the subsection read under wilful damage?

Answer 1

Every person is liable to imprisonment for a term not exceeding three months or a fine not exceeding $2000 who intentionally -

Question 2

What are the two paragraphs?

Answer 2

A) damages any property, or

B) Set on fire any tree or other vegetation

Question 3

What are the elements of wilful damage found in section 11 (1) (a)

Answer 3

1. Intentionally
2. Damages
3. Any property

Question 4

What are the elements of wilful damage found in section 11 (1) (b)

Answer 4

1. Intentionally
2. Sets on fire
3. Any tree or other vegetation

Question 5

What does intentionally mean?

Answer 5

Deliver or reckless act, without lawful justification, excuse or claim of right.

Question 6

What does property mean?

Answer 6

Something that belongs to a person and is capable of being damaged.

Question 7

What does damages mean?

Answer 7

Temporary or permanent reduction in the value and or usefulness of the property

Question 8

What is the time frame for a prosecution to be commenced – with the summary offences act?

Answer 8

Requires prosecution within six months.

Question 9

What is the time frame for prosecution to be commenced – crimes act?

Answer 9

No time limit for commencing proceedings