sch.1-sec.469Wilful damage

### sch.1-sec.469 Wilful damage Any person who wilfully and unlawfully destroys or damages any property is guilty of an offence which, unless otherwise stated, is a misdemeanour, and the person is liable, if no other punishment is provided, to imprisonment for 5 years. If the offender commits the offence with the circumstance of aggravation stated in section 52B , the offender is liable, if no other punishment is provided, to imprisonment for 7 years. For this section, other than punishment in special cases, clause 11, the destruction or damage of property that is a thing mentioned in section 566 (11) is presumed to be done without the owner’s consent until the contrary is proved. For this section, punishment in special cases, clause 11, the destruction or damage of property is, until the contrary is proved, presumed to be done— without the owner’s consent; and if the property is fixed in a cemetery or at a crematorium— without the lawful consent of the entity (if any) responsible for managing and administering the cemetery or crematorium; and not in the reasonable belief that lawful consent mentioned in subparagraph (i) has been given. sch 1 pt 6 div 2 ch 46 s 469 amd 1964 No. 14 s 15 ; 1986 No. 1 s 67 ; 1988 No. 88 s 5 sch 2 ; 1997 No. 3 s 87 ; 2008 No. 55 s 88 ; 2011 No. 7 s 8 ; 2013 No. 31 s 15 ; 2023 No. 26 s 20; 2024 No. 45 s 20 ; 2026 No. 4 s 11 (sch.1-sec.469-ssec.1) Any person who wilfully and unlawfully destroys or damages any property is guilty of an offence which, unless otherwise stated, is a misdemeanour, and the person is liable, if no other punishment is provided, to imprisonment for 5 years. (sch.1-sec.469-ssec.2) If the offender commits the offence with the circumstance of aggravation stated in section 52B , the offender is liable, if no other punishment is provided, to imprisonment for 7 years. (sch.1-sec.469-ssec.3) For this section, other than punishment in special cases, clause 11, the destruction or damage of property that is a thing mentioned in section 566 (11) is presumed to be done without the owner’s consent until the contrary is proved. (sch.1-sec.469-ssec.4) For this section, punishment in special cases, clause 11, the destruction or damage of property is, until the contrary is proved, presumed to be done— without the owner’s consent; and if the property is fixed in a cemetery or at a crematorium— without the lawful consent of the entity (if any) responsible for managing and administering the cemetery or crematorium; and not in the reasonable belief that lawful consent mentioned in subparagraph (i) has been given. - (a) without the owner’s consent; and - (b) if the property is fixed in a cemetery or at a crematorium— (i) without the lawful consent of the entity (if any) responsible for managing and administering the cemetery or crematorium; and (ii) not in the reasonable belief that lawful consent mentioned in subparagraph (i) has been given. - (i) without the lawful consent of the entity (if any) responsible for managing and administering the cemetery or crematorium; and - (ii) not in the reasonable belief that lawful consent mentioned in subparagraph (i) has been given. - (i) without the lawful consent of the entity (if any) responsible for managing and administering the cemetery or crematorium; and - (ii) not in the reasonable belief that lawful consent mentioned in subparagraph (i) has been given.