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Threats to Destroy or Damage Property

Fraud / Dishonesty / Theft Offences – VIC

Welcome to the VIC Threats to destroy or damage property article page. Everything you need to know about Threats to destroy or damage property according to VIC law.

What the Law States according to VIC Law for Threats to destroy or damage property

According to VIC Law for the charge of Threats to destroy or damage property,

Crimes Act 1958 – SECT 198
Threats to destroy or damage property

198. Threats to destroy or damage property

A person who without lawful excuse makes to another a threat-

(a) to destroy or damage any property belonging to that other or a third person or to himself and that other or a third person; or

(b) to destroy or damage his own property in a way which he knows or believes is more likely than not to endanger the life of that other or a third person-

shall, if he made the threat with the purpose of causing the other to fear that it would be carried out, be guilty of an indictable offence and liable to level 6 imprisonment (5 years maximum).

The Maximum Penalty – Threats to destroy or damage property

According to VIC Law for the charge of Threats to destroy or damage property, 5 years.

What the Police must prove according to VIC Law for Threats to destroy or damage property

(a) The accused made a threat to another person that he/she would destroy or damage property belonging to either that other person, a third party or the accused and another person.

(b) Alternatively, the accused made a threat to another person that he/she would destroy or damage property that he/she believes or knows is likely to endanger the life of that other person or a third person.

Possible Defences under VIC Law – Threats to destroy or damage property

(a) Duress
(b) Factual dispute
(c) Identification dispute
(d) Lack of intent

In VIC which court will hear the matter – Threats to destroy or damage property

Magistrates’ Court if the value of the property threatened to be damaged or destroyed is less than $100,000. Otherwise, the County Court.

 

Date: 09/01/2009

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