Wilful Damage (OF06) Flashcards
1
Q
Elements for wilful damage section 11(1)(a)
A
1) Intentionally
2) Damages
3) Property
2
Q
Elements for wilful damage section 11(1)(b)
A
1) Intentionally
2) Sets fire to
3) Any tree or vegetation
3
Q
What does ‘Intentionally’ mean?
A
A deliberate act without lawful justification, excuse or claim of right.
4
Q
What does ‘recklessly’ mean?
A
Where possible consequences are foreseen but continues the act regardless of risk.
5
Q
What does ‘property’ mean?
A
Something belonging to another person and is capable of being damaged.
6
Q
What does ‘damages’ mean?
A
Temporary or permanent reduction in the value and/or usefulness of the property.
7
Q
What is the time frame for a prosecution to be commenced?
A
- Summary Offences Act prosecutions commence within 6 months
* Crimes Act 1961 prosecutions have no time limit
