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10. Offences against property
 
  Article 74-Offences causing major property damage  
74.1 Major property damage  
  Major property damage is when a building, item and/or possession is destroyed beyond repair and/or to such an extent that the cost of repairing or replacing the item is greater than half the value to which it was insured or purchased at the time of the offence. Major property damage is further defined into one of only three possible classifications-(1) criminal major property damage, (2) negligent major property damage and (3) justifiable major damage.  
74.2 Criminal major property damage  
  Criminal major property damage is the causing of major property damage, without lawful excuse, with intent to destroy or cause major harm to the property.  
 
 Primary Fact(s)
 1. That the property has been destroyed or seriously damaged; and
 2. That the actions of the accused contributed to the damage; and
 3. That the actions of the accused were done with the intent to cause destruction or serious property damage;
 
 
 Penalty Conditions (Level 3-Crime)
Type
 Condition(s)
1-3
 a) damage valued at less than one times average wage earner salary;
4-6
 a) damage valued at more than 1 times and less than 3 times average wage earner salary;
 
 
 Penalty Conditions (Level 4-Crime)
Type
 Condition(s)
1-3
 a) damage valued at more than 3 times and less than 6 times average wage earner salary;
4-6
 a) damage valued at more than 6 times and less than 12 times average wage earner salary;
 
 
 Penalty Conditions (Level 5-Crime)
Type
 Condition(s)
1-3
 a) damage valued at more than 12 times and less than 24 times average wage earner salary;
4-6
 a) damage valued at more than 24 times average wage earner salary;
 
74.3 Negligent major property damage  
  Negligent major property damage is the causing of major property damage, without lawful excuse, with no intention to destroy or cause major harm to the property.  
 
 Primary Fact(s)
 1. That the property has been destroyed or seriously damaged; and
 2. That the actions of the accused contributed to the damage; and
 3. That the actions of the accused were not done with the intent to cause destruction or serious property damage.
 
 
 Penalty Conditions (Level 2-Crime)
Type
 Condition(s)
1-3
 a) damage valued at less than one times average wage earner salary;
4-6
 a) damage valued at more than 1 times and less than 3 times average wage earner salary;
 
 
 Penalty Conditions (Level 3-Crime)
Type
 Condition(s)
1-3
 a) damage valued at more than 3 times and less than 6 times average wage earner salary;
4-6
 a) damage valued at more than 6 times and less than 12 times average wage earner salary;
 
 
 Penalty Conditions (Level 4-Crime)
Type
 Condition(s)
1-3
 a) damage valued at more than 12 times and less than 24 times average wage earner salary;
4-6
 a) damage valued at more than 24 times average wage earner salary;
 
74.4 Justifiable major property damage  
  Justifiable major property damage is the causing of major property damage, with lawful excuse.  
 
 Primary Fact(s)
 1. That the property has been destroyed or seriously damaged; and
 2. That the actions of the accused contributed to the damage; and
 3. That the actions of the accused were lawfully justifiable.
 
 
 Penalty Conditions (Level 1-Crime)
Type
 Condition(s)
1-3
 a) if committed in the defence of one's own life;
4-6
 a) if committed in the defence of the life of one's own family;
 
 
 Penalty Conditions (Level 2-Crime)
Type
 Condition(s)
1-3
 a) if committed in the defence of the life of another man or woman;
 
     
 
 

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