>[!INFO] >[Section 197(1) Crimes Act](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ca195882/s197.html "Section 197(1) Crimes Act") - A **person** who **[[Intentionally]]** and without lawful excuse [[Damage or Destroy]] any **[[Property]]** [[Belonging to Another]] or to himself and another. >[!SUCCESS] >The Victorian Judicial College has a [Charge Book section](http://www.judicialcollege.vic.edu.au/eManuals/CCB/index.htm#19193.htm "Charge Book - Criminal Damage") relating to this matter. # Example Dave had a fight with Sally, so he took his car keys and scratched Sally's car causing damage to several doors. # Power of Arrest [Section 459 of the Crimes Act.](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ca195882/s459.html "Section 459 of the Crimes Act.") # Jurisdiction Indictable Offence heard at the Magistrates' Court. # Where Committed In a public place or on private property. # Defences A lawful excuse can be given for the damage, e.g. Steve owns a wheelbarrow. Steve gets angry one day and decides to break his wheelbarrow in half. Because Steve owned the property, he has a legal right to damage it. ## Authority to Destroy or Damage A person has a lawful excuse against this charge, if at the time the act was committed, the accused believed that: 1. The property belonged *solely to him* (s. 201(2)(a)(i)); or 2. He or she held a right or interest in the property which authorised him/her to engage in conduct (s. 201(2)(a)(ii)); or 3. They believed they were entitled to consent to the destruction of the property or had consent to damage the property; or knew they would have had consent in the circumstances (s. 201(2)(a)(iii)) # Points of Proof 1. That the offence occurred at the *place* and *time* alleged. 2. That the offender *was the accused*. 3. That the accused *destroyed* or *damaged property*. 4. That the accused did so *intentionally and without lawful excuse*. 5. That the property *destroyed* or *damaged* belonged to *another person* or *to the accused and another person*. # Belonging to Another [[Belonging to another]] is defined at s. 196(2), (3) and (4) of the Crimes Act 1958. The definitions found at s. 71(2) and s. 73 of the Crimes Act do not apply to s. 197 as their purpose is for Division 2 of Part 1 of the Act. As abandoned property does not "belong" to anyone, this element is not met where the property in question has been abandoned (_R v McClymont; Ex parte Attorney-General_ [1987] 2 Qd R 442; _R v Webb; Ex parte Attorney-General_ [1990] 2 Qd R 275) [Charge Book 7.5.16] # Who must the property belong to? While the property must belong to "another person", that person does not need to be the sole owner. It is possible for the accused to commit an offence by damaging or destroying property that he or she co-owns with someone else (_Crimes Act 1958_ s197(1); _Howell v Dakin_ [1965] Tas SR 142). [Charge Book 7.5.16] # Property damage in the context of family violence Often a scenario arises in a family violence context where a respondent will damage property during or after an argument with an affected family member.