Statutes Amendment (Property Offences) Act 2009 (SA)

South Australia

Statutes Amendment (Property Offences) Act 2009

An Act to amend the Criminal Law Consolidation Act 1935 and the Summary Procedure Act 1921.

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Statutes Amendment (Property Offences) Act 2009.

2—Commencement

This Act will come into operation on a day to be fixed by proclamation.

3—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Criminal Law Consolidation Act 1935

4—Amendment of section 19—Unlawful threats

Section 19(2)(a)—delete "the person or property of"

5—Amendment of section 84—Preliminary

Section 84(1)—before the definition of to damage insert:

building means any building (whether used for non‑residential or residential purposes), and includes—

1. (a)

   a part of a building; and

2. (b)

   a structure, vehicle or vessel, or part of a structure, vehicle or vessel, used for residential purposes;

6—Substitution of section 85

Section 85—delete the section and substitute:

85—Arson and other property damage

1. (1)

   A person who, without lawful excuse, by fire or explosives, damages property that is a building or motor vehicle (whether the property belongs to the person or to another)—

   1. (a)

      intending to damage property; or

   2. (b)

      being recklessly indifferent as to whether his or her conduct damages property,

is guilty of arson.

Maximum penalty: Imprisonment for life.

1. (2)

   A person who, without lawful excuse, damages (other than by fire or explosives) another's property that is a building or motor vehicle—

   1. (a)

      intending to damage property; or

   2. (b)

      being recklessly indifferent as to whether his or her conduct damages property,

is guilty of an offence.

Maximum penalty: Imprisonment for 10 years.

1. (3)

   A person who, without lawful excuse, damages another's property (other than a building or motor vehicle)—

   1. (a)

      intending to damage property; or

   2. (b)

      being recklessly indifferent as to whether his or her conduct damages property,

is guilty of an offence.

Maximum penalty: Imprisonment for 10 years.

1. (4)

   A person who, without lawful excuse, threatens to damage another's property—

   1. (a)

      intending to arouse a fear that the threat will be, or is likely to be, carried out; or

   2. (b)

      being recklessly indifferent as to whether such a fear is aroused,

is guilty of an offence.

Maximum penalty:

1. (a)

   for a basic offence—imprisonment for 5 years;

2. (b)

   for an aggravated offence (other than an offence to which paragraph (c) applies)—imprisonment for 7 years;

3. (c)

   for an offence aggravated by a threat to commit arson—imprisonment for 15 years.

1. (5)

   Subsection (4) applies to a threat directly or indirectly communicated by words (written or spoken) or by conduct, or partially by words and partially by conduct.

Part 3—Amendment of Summary Procedure Act 1921

7—Amendment of section 5—Classification of offences

1. (1)

   Section 5(2)—after paragraph (b) insert:

   1. (ba)

      an offence against Part 4 of the Criminal Law Consolidation Act 1935 involving $2 500 or less not being—

      1. (i)

         an offence of arson or causing a bushfire; or

         Note—

         See sections 85 and 85B of the Criminal Law Consolidation Act 1935.

      2. (ii)

         an offence of violence; or

      3. (iii)

         an offence that is 1 of a series of offences of the same or a similar character involving more than $2 500 in aggregate;

2. (2)

   Section 5(3)(a)(iii)—after subsubparagraph (A) insert:

   1. (AB)

      an offence involving a threat to interfere with, damage or destroy another person's property where, if the threat had been carried out, the loss would not have exceeded $30 000;

3. (3)

   Section 5(3a)—before "Part 5" insert:

   section 85 or