29BDamaging police vehicle

29B Damaging police vehicle (a) the person drives a motor vehicle and causes damage to a police vehicle by that conduct; and (b) the person knows, or is reckless about whether, the damaged vehicle is a police vehicle; and (c) the person intends to cause, or is reckless about causing, damage to the police vehicle. (2) For subsection (1) (b), it is presumed, unless there is evidence to the contrary, that the defendant knew that the damaged vehicle was a police vehicle if— (a) the vehicle stated “police” on the outside of the vehicle; or (b) the fact that the vehicle was a police vehicle was reasonably apparent, having regard to all of the circumstances, including the manner in which it was being driven. Example—par (b) the vehicle was an unmarked car displaying a flashing blue or red light (whether or not it was displaying other lights) or was using a siren (3) The defendant has an evidential burden in relation to evidence to the contrary mentioned in subsection (2). (4) A person may be guilty of an offence against this section regardless of whether the damaged vehicle was occupied by a police officer. police vehicle means a motor vehicle that is being used, or is ordinarily used, by a police officer in the exercise of the officer’s functions.