(b) the person whom the accused intended to deceive or prejudice, or whom the accused realised he or she
might be deceiving or prejudicing, is not identified; or
(c) the person to whom prejudice or potential prejudice was or would have been caused is not identified.
PART V
C AUSING DAMAGE TO OR DESTRUCTION OF P ROPERTY
139 Interpretation in Part V of Chapter VI
In this Part
“damage” means any permanent or temporary damage or injury of any kind to property, whether or not it
causes financial loss to the person entitled to own, possess or control the property, and includes
(a) damage or injury which necessitates the repair of the property, whatever the cost of the repair;
(b) the displacement, removal or breaking of a constituent part of the property;
(c) damage or injury which renders the property unsuitable or less suitable for the use to which it
was being put;
but does not include damage or injury which is trivial in nature;
“property” means any movable or immovable material thing that is capable of being owned by a person, but
does not include any of the following things
(a) wild animals, birds, insects and fish that have not been reduced to captivity;
(b) eggs, honey and other produce of wild animals, birds, insects and fish, which has not been taken
into possession by anyone;
(c) property that has been finally and absolutely abandoned by its owner, that is, thrown away or
otherwise disposed of by the owner with the intention of relinquishing all his or her rights to it;
(d) property that is owned by the person who damages or destroys it, unless some other person has a
right to possess or control the property and the person who damages or destroys it intends, by his
or her act, to deprive that other person of his or her right.
140 Malicious damage to property
Any person who, knowing that another person is entitled to own, possess or control any property or realising
that there is a real risk or possibility that another person may be so entitled, damages or destroys the property
(a) intending to cause such damage or destruction; or
(b) realising that there is a real risk or possibility that such damage or destruction may result from his or her
act or omission;
shall be guilty of malicious damage to property, and liable to
(i) a fine not exceeding level fourteen or not exceeding twice the value of the property damaged as
a result of the crime, whichever is the greater; or
(ii) imprisonment for a period not exceeding twenty-five years;
or both.
141 Negligently causing serious damage to property
Any person who, knowing that another person is entitled to own, possess or control any property or realising
that there is a real risk or possibility that another person may be so entitled, seriously damages or destroys the
property, being grossly negligent in causing such damage or destruction, shall be guilty of negligently causing
serious damage to property, and liable to a fine not exceeding level ten or imprisonment for a period not
exceeding five years or both.
142 Damage by co-owners, spouses and partners
It shall not be a defence to a charge of malicious damage to property or negligently causing serious damage
to property that the person charged was a co-owner of the property that forms the subject of the charge, whether
the co-ownership arises through marriage or a partnership or otherwise, if the damaging of the property was not
authorised by any agreement between the person and his or her co-owner, spouse or partner:
Provided that no prosecution shall be instituted against a spouse for damaging property belonging to the other
spouse or that forms part of the spouses’ joint estate, unless the Attorney-General has authorised such a
prosecution.
143 Aggravating circumstances in relation to malicious damage to property or negligently
causing serious damage to property
It shall be an aggravating circumstance if
(a) the damage or destruction that constitutes the crime of malicious damage to property or negligently
causing serious damage to property
(i) is caused by the use of fire or explosives; or
(ii) causes injury or involves a risk of injury to persons in or near the property concerned; or
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