South Australian Current Acts

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 84

84—Preliminary

        (1)         In this Part—

"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.