Criminal Code Act 1899 - Queensland Legislation

Schedule 1 The Criminal CodePart 6 Offences relating to property and contractsChapter 46 Offences[s 468]468 Injuring animals(1) Any person who wilfully and unlawfully kills, maims, orwounds, any animal capable of being stolen is guilty of anindictable offence.(2) If the animal in question is stock, the offender is guilty of acrime, and is liable to imprisonment for 7 years.(3) In any other case the offender is guilty of a misdemeanour,and is liable to imprisonment for 2 years, or, if the offence iscommitted by night, to imprisonment for 3 years.(4) If the offender (whether guilty of a crime or a misdemeanour)kills or maims the animal and is sentenced to pay a fine inaddition to, or instead of imprisonment, the fine shall be notless than the prescribed penalty units or, where in respect ofthe animal in question a value is determined in accordancewith the provisions of the regulations made pursuant tosection 450F, not less than that value, whichever is the higheramount, for every animal killed or maimed.(5) However, the fine imposed in respect of the offence shall notexceed 500 penalty units.(6) In this section—prescribed penalty units means—(a) for stock—10 penalty units; or(b) otherwise—8 penalty units.469 Wilful damage(1) Any person who wilfully and unlawfully destroys or damagesany property is guilty of an offence which, unless otherwisestated, is a misdemeanour, and the person is liable, if no otherpunishment is provided, to imprisonment for 5 years.(2) For this section, other than punishment in special cases, clause11, the destruction or damage of property that is a thingmentioned in section 566(11) is presumed to be done withoutthe owner’s consent until the contrary is proved.Current as at 1 December 2014 Page 295