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Act index » Part I - Offences » Division 3 - Criminal damage to property » Subdivision (1) - General offences and procedural provisions
197 Destroying or damaging property
(1)A person who intentionally and without lawful excuse destroys or damages any property belonging to another or to himself and another shall be guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).
S. 197(1) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 50(a)), 48/1997 s. 60(1)(Sch. 1 item 70(a)).
(2)A person who intentionally and without lawful excuse destroys or damages any property, intending by the destruction or damage to endanger the life of another, shall be guilty of an indictable offence and liable to level 4 imprisonment (15 years maximum).
S. 197(2) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 50(b)), 48/1997 s. 60(1)(Sch. 1 item 70(b)).
(3)A person who dishonestly, with a view to gain for himself or another, destroys or damages any property shall be guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).
S. 197(3) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 49), 48/1997 s. 60(1)(Sch. 1 item 70(c)).
(4)For the purposes of subsections (1) and (2) a person who destroys or damages property shall be taken as doing so intentionally if, but only if—
(a)his purpose or one of his purposes is to destroy or damage property; or
(b)he knows or believes that his conduct is more likely than not to result in destruction of or damage to property.
(5)For the purposes of subsection (2), a person who destroys or damages property shall be treated as intending thereby to endanger the life of another if, but only if—
(a)his purpose or one of his purposes is to endanger the life of another by the destruction or damage; or
(b)he knows or believes that the life of another is more likely than not to be endangered by the destruction or damage.
(6)An offence against this section committed by destroying or damaging property by fire shall be charged as arson.
(7)A person guilty of arson is liable to level 4 imprisonment (15 years maximum) despite anything to the contrary in this section.
S. 197(7) inserted by No. 95/1994 s. 4, amended by No. 48/1997 s. 60(1)(Sch. 1 item 70(b)).