>[!INFO] >[Section 9(1)(c) Summary Offences Act](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/soa1966189/s9.html "Section 9(1)(c) Summary Offences Act") - Any **person** who **[[Willful| wilfully]]** injures or **[[Damage or Destroy | damages]]** any **[[Property | property]]**, with the value being under $5,000. # Example A person throws a rock at a bird in order to scare it away, but misses the bird and hits a window. They have committed [[Willful|willful]] damage onto the window. # Power of Arrest [Section 458 of the Crimes Act.](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ca195882/s458.html "Section 458 of the Crimes Act.") # Jurisdiction2 Summary Offence #summary-offence heard at the Magistrates' Court. # Where Committed In a public place or on private property. # Defences Not committed if the person acts under fair and reasonable supposition they had a right to the act. E.g. Tree surgeon requested by owner of private property to remove trees. During removal, he removes one extra one due to direction from second female owner. # Point of Proof - The offence occurred at the *place* and *time* alleged. - The offender *was the accused* (identity). - The accused *willfully injured* or *damaged property*. - The value of the damage was *less than $5000*. - Identity - [[Willful]] Action (intent or reckless to the damage caused) - [[Damage or Destroy |Damage]] to a piece of [[Property]] # Charge wording The accused at [place] on [date] wilfully [injured/damaged] property, namely [description of property], and the value of that damage was [value of damage]. # Full definition Section 9 - Summary Offences Act (1) Any person who: Any person who— (a) destroys damages pollutes or obstructs any aqueduct dam sluice pipe pump waterway pond pool or fountain; (b) being an artificer workman journeyman or apprentice wilfully damages spoils or destroys any goods wares work or material committed to his care or charge; (c) wilfully injures or damages any property (whether private or public) the injury done being under the value of $5000; or (d) wilfully trespasses in any public place other than a Scheduled public place and neglects or refuses to leave that place after being warned to do so by the owner occupier or a person authorized by or on behalf of the owner or occupier; or (e) without express or implied authority given by the owner or occupier or given on behalf of the owner or occupier by a person authorised to give it or without any other lawful excuse, wilfully enters any private place or Scheduled public place, unless for a legitimate purpose; or (f) neglects or refuses to leave a private place or Scheduled public place after being warned to do so by the owner or occupier or a person authorised to give that warning on behalf of the owner or occupier, unless the person has a lawful excuse; or (g) without lawful excuse, enters any place (whether private or public) in a manner likely to cause a breach of the peace or reasonable apprehension of a breach of the peace— shall be guilty of an offence. Penalty: 25 penalty units or imprisonment for six months.