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CRIMINAL CODE 2002 - SECT 408 Possession of thing with intent to damage property

CRIMINAL CODE 2002 - SECT 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.

Maximum penalty: 300 penalty units, imprisonment for 3 years or both.

    (2)     In this section:

"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)).