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Destroying or Damaging Commonwealth Property

Commonwealth Offences – Federal

Welcome to the Federal Destroying Or Damaging Commonwealth Property article page. Everything you need to know about Destroying Or Damaging Commonwealth Property according to Federal law.

What the Law States according to Federal Law for Destroying Or Damaging Commonwealth Property

According to Federal Law for the charge of Destroying Or Damaging Commonwealth Property:

Sections 2.7050 of the Commonwealth Criminal Code states:

29. (1) Any person who intentionally destroys or damages any property, whether real or personal, belonging to the Commonwealth or to any public authority under the Commonwealth, shall be guilty of an offence.

(2) For the purposes of an offence against subsection (1), absolute liability applies to the physical element of circumstance of the offence, that the property is property belonging to the commonwealth or to any public authority under the Commonwealth.

The Maximum Penalty – Destroying Or Damaging Commonwealth Property

The Maximum penalty for the offence of Destroying or Damaging Commonwealth Property is 10 years imprisonment.

What the Police must prove according to Federal Law for Destroying Or Damaging Commonwealth Property

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

The accused intentionally destroyed or damaged any property, whether real or personal, belonging to the Commonwealth or to any public authority under the Commonwealth.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.

Possible Defences under Federal Law – Destroying Or Damaging Commonwealth Property

Possible defences to this offence include but are not limited to:
1. The accused did not intentionally destroy or damage the property.
2. Identification i.e. it was not the accused
3. The property did not belong to the Commonwealth or any public authority under the Commonwealth.

In Federal which court will hear the matter – Destroying Or Damaging Commonwealth Property

This matter is Commonwealth Offence which means it is dealt with in the District Court or the Magistrates’ Court at the election of the prosecution.

 

Date: 09/01/2009

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