Criminal Code Act 1899 - Queensland Legislation

Schedule 1 The Criminal CodePart 6 Offences relating to property and contractsChapter 45 Definitions[s 458](2) Anything forfeited to Her Majesty pursuant to this sectionshall be dealt with or disposed of in such manner as theAttorney-General directs.Division 2Injuries to propertyChapter 45Definitions458 Unlawful acts(1) An act which causes injury to the property of another, andwhich is done without the owner’s consent, is unlawful unlessit is authorised or justified or excused by law.(2) For section 469, punishment in special cases, clause 11, thedestruction or damage by a person of property fixed in acemetery or at a crematorium is unlawful unless the person isacting—(a) with the owner’s consent; or(b) with the lawful consent of the entity (if any) responsiblefor managing and administering the cemetery orcrematorium; or(c) in the reasonable belief that lawful consent mentioned inparagraph (b) has been given.(3) It is immaterial that the person who does the injury is inpossession of the property injured, or has a partial interest init, or an interest in it as joint or part owner or owner incommon.(4) A person is not criminally responsible for an injury caused toproperty by the use of such force as is reasonably necessaryfor the purpose of defending or protecting himself, herself, orany other person, or any property, from injury which theperson believes, on reasonable grounds, to be imminent.Page 292 Current as at 1 December 2014