South Australian Consolidated Acts South Australian Consolidated Acts85—Damaging property
(1) Where a
person—
(a)
intending to damage property of another, or being recklessly indifferent as to
whether property of another is damaged; and
(b)
without lawful authority to do so, and knowing that no such lawful authority
exists,
damages, or attempts to damage, property of another by fire or explosives, the
person shall be guilty of an offence.
Penalty:
(a) for
a completed offence—
(i)
where the damage exceeds $30 000—imprisonment
for life;
(ii)
where the damage exceeds $2 500 but does not exceed
$30 000—imprisonment for 5 years;
(iii)
where the damage does not exceed
$2 500—imprisonment for 2 years;
(b) for
an attempt—
(i)
where the damage would, if the offence had been
completed, have exceeded $30 000—imprisonment for 12 years;
(ii)
where the damage would, if the offence had been
completed, have exceeded $2 500 but would not have exceeded
$30 000—imprisonment for 3 years;
(iii)
where the damage would not, if the offence had been
completed, have exceeded $2 500—imprisonment for 18 months.
(2) The offence of
damaging property by fire in contravention of subsection (1) is arson.
(3) Where a
person—
(a)
intending to damage property of another, or being recklessly indifferent as to
whether property of another is damaged; and
(b)
without lawful authority to do so, and knowing that no such lawful authority
exists,
damages, or attempts to damage, property of another, the person shall be
guilty of an offence.
Penalty:
(a) for
a completed offence—
(i)
where the damage exceeds $30 000—imprisonment
for 10 years;
(ii)
where the damage exceeds $2 500 but does not exceed
$30 000—imprisonment for 3 years;
(iii)
where the damage does not exceed
$2 500—imprisonment for 2 years;
(b) for
an attempt—
(i)
where the damage would, if the offence had been
completed, have exceeded $30 000—imprisonment for 6 years;
(ii)
where the damage would, if the offence had been
completed, have exceeded $2 500 but would not have exceeded
$30 000—imprisonment for 2 years;
(iii)
where the damage would not, if the offence had been
completed, have exceeded $2 500—imprisonment for 1 year.
(4) 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.