Part 4Offences with respect to property

Part 4—Offences with respect to property 84—Preliminary building means any building (whether used for non‑residential or residential purposes), and includes— (a) a part of a building; and (b) a structure, vehicle or vessel, or part of a structure, vehicle or vessel, used for residential purposes; to damage in relation to property includes— (a) to destroy the property; (b) to make an alteration to the property that depreciates its value; (c) to render the property useless or inoperative; (d) in relation to an animal—to injure, wound or kill the animal, and damage has a corresponding meaning; owner of property means a person wholly entitled to the property both at law and in equity. (2) Where a person damages, or attempts to damage, property of which the person is not the owner, that property shall (whether or not that person has some legal or equitable interest in it) be regarded as property of another for the purposes of this Part. (3) In proceedings for an offence against this Part in which it is necessary to quantify damage or potential damage in terms of a monetary amount— (a) no regard shall be had to any reduction or possible reduction of the damage through the intervention of some person other than the accused; and (b) where actual damage occurred and was in fact reduced by such intervention, the damage shall be deemed to include the potential damage that was prevented by that intervention. 85—Arson and other property damage (1) A person who, without lawful excuse, by fire or explosives, damages property that is a building or motor vehicle (whether the property belongs to the person or to another)— is guilty of arson. (2) A person who, without lawful excuse, damages (other than by fire or explosives) another's property that is a building or motor vehicle— (3) A person who, without lawful excuse, damages another's property (other than a building or motor vehicle)— (4) A person who, without lawful excuse, threatens to damage another's property— (a) intending to arouse a fear that the threat will be, or is likely to be, carried out; or (b) being recklessly indifferent as to whether such a fear is aroused, (b) for an aggravated offence (other than an offence to which paragraph (c) applies)—imprisonment for 7 years; (c) for an offence aggravated by a threat to commit arson—imprisonment for 15 years. (5) Subsection (4) applies to a threat directly or indirectly communicated by words (written or spoken) or by conduct, or partially by words and partially by conduct. 85A—Recklessly endangering property (a) a person does an act knowing that the act creates a substantial risk of serious damage to the property of another; and (b) the person does not have lawful authority to do so and knows that no such lawful authority exists, Penalty: Imprisonment for 6 years. (2) It is a defence to a charge of an offence against this section for the accused to prove an honest belief that the act constituting the charge was reasonable and necessary for the protection of life or property. 85B—Special provision for causing bushfire (1) A person who causes a bushfire— (a) intending to cause a bushfire; or (b) being recklessly indifferent as to whether his or her conduct causes a bushfire, (2) A bushfire is a fire that burns, or threatens to burn, out of control causing damage to vegetation (whether or not other property is also damaged or threatened). (3) An offence is not committed against this section if— (a) the bushfire only damages vegetation (or other property) on either or both of the following: (i) the land of the person who causes the fire; (ii) the land of a person who authorised, or consented, to the act of the person who caused the fire; or (b) — (i) the bushfire is caused in the course of carrying out a fire prevention, fire suppression or other land management activity; and (ii) at the time the activity was carried out— (A) there was in force a provision made by or under an Act or by a code of practice approved under an Act, that regulated or otherwise applied to the carrying out of the activity and the person in carrying out that activity acted in accordance with the provision; and (B) the person believed that their conduct in carrying out the activity was justified having regard to all of the circumstances. (4) A court that finds a defendant guilty of an offence against this section must make an order under section 124 of the Sentencing Act 2017 requiring the defendant to pay compensation for injury, loss or damage resulting from the offence unless— (a) the defendant is aged under 16 years of age; or (b) the court is satisfied that the defendant has no means of paying compensation; or (c) the court is otherwise satisfied that special circumstances exist. 86—Possession of object with intent to damage property (a) a person has custody or control of an object intending to use the object, or to cause or permit a person to use the object, to damage property of another; and (b) there is no lawful authority for such use of the object and the person knows that no such lawful authority exists, Penalty: Imprisonment for 2 years. (2) It is a defence to a charge of an offence against this section for the accused to prove an honest belief that the intended damage to property was reasonable and necessary for the protection of life or property. 86A—Using motor vehicle without consent (1) A person who, on a road or elsewhere, drives, uses or interferes with a motor vehicle without first obtaining the consent of the owner of the vehicle is guilty of an offence. Penalty: For a first offence—imprisonment for 2 years; For a subsequent offence—imprisonment for not less than 3 months and not more than 4 years. (2) Where an adult court finds a person guilty of an offence against this section, the court must (whether or not it convicts the person of the offence and in addition to any other order that it may make in relation to the person) order that the person be disqualified from holding or obtaining a driver's licence for a period of 12 months. (3) Notwithstanding the Young Offenders Act 1993 where the Youth Court finds a charge of an offence against this section proved against a child, the Court must (whether or not it convicts the child of the offence and in addition to any other order that it may make in relation to the child) order that the child be disqualified from holding or obtaining a driver's licence for a period of 12 months (commencing, in the case of a child who has not attained the qualifying age for a driver's licence, not earlier than when the child attains that age). (4) The disqualification prescribed by subsection (2) or (3) cannot be reduced or mitigated in any way or be substituted by any other penalty or sentence. (5) The court may, in addition to imposing a penalty under this section, order the defendant to pay to the owner of the motor vehicle driven, used or interfered with in contravention of this section such sum as the court thinks proper by way of compensation for loss or damage suffered by the owner. (6) Subsections (1) and (5) do not apply to any person acting in the exercise of any power conferred, or the discharge of any duty imposed, under the Road Traffic Act 1961 or any other Act. drive, driver's licence, motor vehicle, road and owner have the same meanings as in the Road Traffic Act 1961.