11 Wilful damage

(1)

Every person is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000 who intentionally—

(a)

damages any property; or

(b)

sets on fire any tree or other vegetation.

(2)

For the purposes of subsection (1), a person does an act intentionally if he does it intentionally or recklessly, and without lawful justification or excuse or claim of right.

(3)

The fact that the person charged had an interest in the property at the material time shall not prevent his act constituting an offence against this section if he did it with intent to defraud or to cause loss to any other person.

(4)

For the purposes of subsection (3), where any property is subject to any mortgage or charge, each of the parties to the mortgage or charge shall be deemed to have an interest in the property.

Compare: 1927 No 35 s 6(1), (3)–(6); 1952 No 43 s 2; 1960 No 7 s 5; 1967 No 154 s 2(1)

Section 11(1): amended, on 1 January 1998, by section 7 of the Summary Offences Amendment Act 1997 (1997 No 97).

Section 11(2): amended, on 1 October 2003, by section 34 of the Crimes Amendment Act 2003 (2003 No 39).