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10. Offences
against property
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Article 54-Offences
causing major property damage
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| 54.1 |
Major property damage |
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Major property damage is when a building, item and/or possession is destroyed beyond repair and/or to such an extent that the cost of repairing or replacing the item is greater than half the value to which it was insured or purchased at the time of the offence. Major property damage is further defined into one of only three possible classifications-(1) military major property damage, (2) negligent major property damage and (3) justifiable major damage. |
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| 54.2 |
Major property damage |
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Major property damage is the causing of major property damage to a non-combatant, without lawful excuse, with intent to destroy or cause major harm to the property. |
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Primary Fact(s) |
| 1. That the property has been destroyed or seriously damaged; |
| 2. That the victim(s) was a non-combatant. |
| 3. That the accused was either a member of the armed forces of United-Australia at the time of the alleged offence or an opposing combatant; |
| 4. That the actions of the accused contributed to the damage; |
| 5. That the actions of the accused were done with the intent to cause destruction or serious property damage; |
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Penalty Conditions (Level 3-Offence) |
Type |
Condition(s) |
1-3 |
a) damage valued at less than one times average wage earner salary; |
4-6 |
a) damage valued at more than 1 times and less than 3 times average wage earner salary; |
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Penalty Conditions (Level 4-Offence) |
Type |
Condition(s) |
1-3 |
a) damage valued at more than 3 times and less than 6 times average wage earner salary; |
4-6 |
a) damage valued at more than 6 times and less than 12 times average wage earner salary; |
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Penalty Conditions (Level 5-Offence) |
Type |
Condition(s) |
1-3 |
a) damage valued at more than 12 times and less than 24 times average wage earner salary; |
4-6 |
a) damage valued at more than 24 times average wage earner salary; |
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| 54.3 |
Negligent major property damage |
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Negligent major property damage is the causing of major property damage to a non-combatant, without lawful excuse, with no intention to destroy or cause major harm to the property. |
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Primary Fact(s) |
| 1. That the property has been destroyed or seriously damaged; |
| 2. That the victim(s) was a non-combatant. |
| 3. That the accused was either a member of the armed forces of United-Australia at the time of the alleged offence or an opposing combatant; |
| 4. That the actions of the accused contributed to the damage; |
| 5. That the actions of the accused were not done with the intent to cause destruction or serious property damage; |
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Penalty Conditions (Level 2-Offence) |
Type |
Condition(s) |
1-3 |
a) damage valued at less than one times average wage earner salary; |
4-6 |
a) damage valued at more than 1 times and less than 3 times average wage earner salary; |
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Penalty Conditions (Level 3-Offence) |
Type |
Condition(s) |
1-3 |
a) damage valued at more than 3 times and less than 6 times average wage earner salary; |
4-6 |
a) damage valued at more than 6 times and less than 12 times average wage earner salary; |
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Penalty Conditions (Level 4-Offence) |
Type |
Condition(s) |
1-3 |
a) damage valued at more than 12 times and less than 24 times average wage earner salary; |
4-6 |
a) damage valued at more than 24 times average wage earner salary; |
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| 54.4 |
Justifiable major property damage |
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Justifiable major property damage is the causing of major property damage, with lawful excuse. |
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Primary Fact(s) |
| 1. That the property has been destroyed or seriously damaged; |
| 2. That the victim(s) was a non-combatant. |
| 2. That the accused was either a member of the armed forces of United-Australia at the time of the alleged offence or an opposing combatant; |
| 2. That the actions of the accused contributed to the damage; |
| 3. That the actions of the accused were lawfully justifiable. |
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Penalty Conditions (Level 1-Offence) |
Type |
Condition(s) |
1-3 |
a) if committed in responding in battle to an enemy hiding amongst non-combatant forces and the casualties are greater than 20; |
4-6 |
a) if committed in initiating battle to an enemy hiding amongst non-combatant forces and the casualties are greater than 20; |
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