408Possession of thing with intent to damage property

408 Possession of thing with intent to damage property (1) A person commits an offence if the person possesses a thing with the intention that the person or someone else will use it to damage property belonging to another person.

possess a thing includes— (a) have control over disposing of the thing (whether or not the thing is in the custody of the person); or (b) have joint possession of the thing. Note A defendant has an evidential burden in relation to the defences in this division (see s 58 (3)).