Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) A person commits an offence if the person—
(a) participates in, or intends to participate in, a criminal group; and
(b) in the course of participating in, or intending to participate in, the criminal group, engages in conduct that causes damage to property belonging to someone else; and
(c) is reckless about causing damage to that property or any other property belonging to the other person.
Maximum penalty: imprisonment for 10 years.
Note The fault element of recklessness can be satisfied by proof of intention, knowledge or recklessness (see s 20 (4)).
(2) A person commits an offence if the person—
(a) participates in, or intends to participate in, a criminal group; and
(b) in the course of participating in, or intending to participate in, the criminal group, intentionally makes to someone else a threat to damage property belonging to the other person or a third person; and
(c) intends the other person to fear that the threat will be carried out.
Maximum penalty: imprisonment for 10 years.
(3) In a prosecution for an offence against subsection (2), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.
(4) In this section:
"causes" damage or another result—see section 400 (Definitions—pt 4.1).
"damage" property—see section 400 (Definitions—pt 4.1).
"property"—see section 400 (Definitions—pt 4.1).
"threat "includes the meaning given by section 402.
Note For further definition of threat , see the dictionary.
(5) Section 401 (Person to whom property belongs) applies for the purposes of this section.