What is Wilful damage NZ?
intentionally or recklessly, and without claim of right, destroys or damages any property with intent to obtain any benefit, or with intent to cause loss to any other person.
Is Wilful damage serious?
Wilful damage is the simplest form of damaging property and is generally punishable by a maximum 5 years imprisonment. However, the offence may also be subject to the usual other penalties, including fines, probation, community service or good behaviour bonds.
Can you be charged for criminal damage?
Depending on the severity of the offence in question, a person who commits criminal damage may simply be ordered to pay a low level fine or compensation to the victim. In the worst cases, where intent to endanger life is proven, they may face a custodial sentence of up to life in prison.
What is unlawful damage?
‘A person who, without lawful excuse, destroys or damages any property belonging to another, intending to destroy or damage any such property, or being reckless as to whether any such property would be destroyed or damaged. ‘
How do you prove malicious damage?
To convict you of malicious property damage, the Prosecution must prove each of the following elements beyond a reasonable doubt:
- You destroyed or damaged property;
- The property belonged to another person, or the accused and another person;
- The destruction or damage was done maliciously, with intent or recklessness.
What’s the sentence for criminal damage?
Section 1(1) of the Criminal Damage Act 1971 creates an offence of destroying or damaging any property belonging to another person, whether intentionally or recklessly, without lawful excuse. This offence attracts a penalty of a term of imprisonment not exceeding ten years.
What can be classed as criminal damage?
Criminal damage occurs when someone unlawfully, and intentionally or recklessly, damages or destroys property belonging to another person. Examples of criminal damage include arson, forced entry into a property, and graffiti on a public building.
What are the statutory defences to a charge of wilful damage?
The following statutory defences might apply to a charge of wilful damage: It is also a complete defence to a charge of wilful damage to establish, on the balance of probabilities, that the damage which was caused was accidental in circumstances where no reasonable person would foresee a risk of that damage arising from the offending conduct.
Can a wilful damage charge be heard in the district court?
A charge of wilful damage will often be heard in the Magistrates Court but it can be brought before the District Court in more serious circumstances. All special cases of wilful damage are heard in the District Court (including the two special cases which carry a maximum penalty of life imprisonment).
What is wilful damage and what are the consequences?
It is a criminal offence that is committed by a person who destroyed, damaged, polluted or obstructed any property of another person where the value of the damage was less than $5,000. Have you been accused of Wilful Damage?
What is the penalty for wilful damage to a property?
There is a maximum penalty of 25 penalty units or imprisonment for six months for this offence. Wilful damage is the sort of offence regularly heard in the Magistrates’ Court.