Wilful Damage: Must Knows

Question 1

What Act and Sections does Wilful Damage Relate to?

Answer 1

Summary Offences Act 1981 
Section 11 
Subsection 1
Paragraph a
& Paragraph b

Question 2

Elements of Wilful Damage

Answer 2

I D P.
INTENTIONALLY
DAMAGES
PROPERTY

OR

I S T.
INTENTIONALLY
SETS fire to
Any TREE or Vegetation

Question 3

Intentionally : Definition

Answer 3

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.

Question 4

Recklessly : Definition

Answer 4

Where the possible consequences are foresee but continues the act regardless of the risk.

Question 5

Property : Definition

Answer 5

Something that belongs to another person and is capable of being damage.

Question 6

Damages : Definition

Answer 6

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

Question 7

Time frame for prosecution to commenced for the offence of Wilful Damage.

Answer 7

Allegations of Wilful damage under the Summary Offences Act must be commenced within SIX MONTHS of happening.