Other Criminal Offences – VIC

Welcome to the VIC Wilful damage article page. Everything you need to know about Wilful damage according to VIC law.

What the Law States according to VIC Law for Wilful damage

According to VIC Law for the charge of Wilful damage,

Summary Offences Act 1966 – SECT 9
Wilful destruction, damage etc. of property

9. Wilful destruction, damage etc. of property

(1) Any person who-

(a) destroys damages pollutes or obstructs any aqueduct dam sluice pipe
pump waterway pond pool or fountain;

(b) being an artificer workman journeyman or apprentice wilfully damages spoils or destroys any goods wares work or material committed to his care or charge;

(c) wilfully injures or damages any property (whether private or public) the injury done being under the value of $5000; or

(d) wilfully trespasses in any public place other than a Scheduled public place and neglects or refuses to leave that place after being warned to do so by the owner occupier or a person authorized by or on
behalf of the owner or occupier; or

(e) without express or implied authority given by the owner or occupier or given on behalf of the owner or occupier by a person authorised to give it or without any other lawful excuse, wilfully enters any
private place or Scheduled public place, unless for a legitimate purpose; or

(f) neglects or refuses to leave a private place or Scheduled public place after being warned to do so by the owner or occupier or a person authorised to give that warning on behalf of the owner or occupier, unless the person has a lawful excuse; or

(g) without lawful excuse, enters any place (whether private or public) in a manner likely to cause a breach of the peace or reasonable apprehension of a breach of the peace-

shall be guilty of an offence.

Penalty: 25 penalty units or imprisonment for six months.

(1A) In any proceedings for an offence against subsection (1) the statement on oath of any person that he is or was at any stated time the owner or occupier of any place or a person authorized by or on behalf of the owner or occupier thereof shall be evidence until the contrary is proved by or on behalf of the defendant that such person is or was the owner or occupier of that place or a
person authorized by or on behalf of the owner or occupier thereof (as the case requires).

(1B) A person may commit an offence against paragraph (d), (e), (f) or (g) of subsection (1) even though he or she did not intend to take possession of the place.

(1C) Without limiting paragraph (e) of subsection (1), examples of circumstances in which a person does not have express or implied authority to enter a place are-

(a) the person enters that place after having been previously warned not to enter by the owner or occupier or a person authorised to give such a warning on behalf of the owner or occupier; or

(b) the person enters that place despite being then warned not to enter by the owner or occupier or a person authorised to give such a warning on behalf of the owner or occupier; or

(c) the person enters that place in breach of a prominently displayed sign erected at that place by the owner or occupier or a person authorised to erect such a sign on behalf of the owner or occupier stating that-

(i) the person concerned, or a class of persons of which the person concerned is a member, is prohibited from entering that place; or

(ii) persons engaging in that place in the type of activity in which the person concerned is proposing to engage in that place are prohibited from entering that place- and the person has no other lawful excuse for entering that place.

(1D) A warning may be given to a person under subsection (1)(f) or subsection
(1C)(a) or (b)-

(a) orally; or

(b) by delivering written notice of it personally to the person; or

(c) except in the case of a warning under subsection (1)(f), by sending written notice of it by certified mail addressed to the person at his or her usual or last known place of residence.

(1E) A person may commit an offence against paragraph (g) of subsection (1) even though he or she had a right to enter that place in a manner other than that described in that paragraph.

(2) For the purposes of section 86 of the Sentencing Act 1991 the cost of repairing or making good anything spoiled or damaged in contravention of this section shall be deemed to be loss or damage suffered in relation thereto.

(3) Nothing contained in this section shall extend to any case where the person offending acted under a fair and reasonable supposition that he had a right to do the act complained of or to any trespass (not being wilful and malicious) committed in hunting or the pursuit of game.

The Maximum Penalty – Wilful damage

According to VIC Law for the charge of Wilful damage, 6 months / 25 penalty units.

What the Police must prove according to VIC Law for Wilful damage

s 9(1)(a)
(i) the accused destroyed, damaged, polluted, or obstructed;
(ii) the accused did so to an aqueduct, dam, sluice pipe, pump, waterway, pond, pool or foun-tain.

s 9(1)(b)
(i) the accused was an artificer, workman, journeyman or apprentice;
(ii) the accused wilfully damaged, spoiled or destroyed any goods, wares, work or material;
(iii) the goods, wares, work or material were committed to the care or charge of the accused.

s 9(1)(c)
(i) the accused injured or damaged property;
(ii) the accused did so wilfully;
(iii) the injury done to the property was under the value of $500.

s 9(1)(d)
(i) the accused trespassed in any place other than a scheduled public place;
(ii) the accused did so wilfully;
(iii) the accused was warned to leave that place by the owner occupier or a person authorised by or on behalf of the owner or occupier;
(iv) the accused neglected or refused to leave that place after being so warned.

s 9(1)(e)
(i) the accused entered a private place or scheduled public place;
(ii) the accused did so wilfully;
(iii) the accused did not have a legitimate purpose for entering;
(iv) the accused did not have:
(a) the express or implied authority of the owner or occupier;
(b) authority given on behalf of the owener or occupier by a person authorised to give it; or
(c) any other lawful excuse.

s 9(1)(f)
(i) the accused was warned to leave a private place or a scheduled public place by the owner occupier or a person authorised to give that warning on behalf of the owner or occupier;
(ii) the accused neglected or refused to leave the place;
(iii) the accused did not have a lawful excuse for refusing or neglecting to leave.

s 9(1)(g)
(i) the accused entered a place (public or private);
(ii) the accused did so in a manner likely to cause a breach of the peace or reasonable appre-hension of a breach of the peace;
(iii) the accused had no lawful excuse for entering the place in that manner.

Possible Defences under VIC Law – Wilful damage

1. Factual Dispute
2. Lawful Purpose
3. Lack of intent

In VIC which court will hear the matter – Wilful damage

Magistrates’ Court

 

Date: 09/01/2009