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10. Offences against property
 
  Article 75-Offences causing property minor damage  
75.1 Minor property damage  
  Minor property damage is when a building, item and/or possession is damaged to the extent that the cost of repairing or replacing the item is less than half the value to which it was insured or purchased at the time of the offence. Minor property damage is further defined into one of only three possible classifications-(1) criminal minor property damage, (2) negligent minor property damage and (3) justifiable minor damage.  
75.2 Criminal minor property damage  
  Criminal major property damage is the causing of minor property damage, without lawful excuse, with intent to cause minor harm to the property.  
 
 Primary Fact(s)
 1. That the property has been damaged in a minor way; 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 minor or serious property damage.
 
 
 Penalty Conditions (Level 2-Crime)
Type
 Condition(s)
1-3
 a) damage valued at less than 1/4 average wage earner salary;
4-6
 a) damage valued at greater than 1/4 and less than 1/2 average wage earner salary;
 
 
 Penalty Conditions (Level 3-Crime)
Type
 Condition(s)
1-3
 a) damage valued at greater than 1/2 and less than 1 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 average wage earner salary;
 
75.3 Negligent minor property damage  
  Criminal minor property damage is the causing of minor property damage, without lawful excuse, with no intention to cause minor harm to the property.  
 
 Primary Fact(s)
 1. That the property has been damaged in a minor way; 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 minor or serious property damage.
 
 
 Penalty Conditions (Level 1-Crime)
Type
 Condition(s)
1-3
 a) damage valued at less than 1/4 average wage earner salary;
4-6
 a) damage valued at greater than 1/4 and less than 1/2 average wage earner salary;
 
 
 Penalty Conditions (Level 2-Crime)
Type
 Condition(s)
1-3
 a) damage valued at greater than 1/2 and less than 1 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 average wage earner salary;
 
75.4 Justifiable minor property damage  
  Justifiable minor property damage is the causing of minor property damage, with lawful excuse.  
 
 Primary Fact(s)
 1. That the property has been damaged in a minor way; 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;
b) if committed in the defence of the life of another man or woman;
 
     
 
 

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