South Australian Current Acts

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CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 86

86—Possession of object with intent to damage property

        (1)         Where—

            (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,

the person is guilty of an offence.

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.



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