Document ID: chunk:federal_register_of_legislation:C2024C00861:section:43
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 43
Character Range: 119639–120853

43  Destroying or damaging service property
 (1) A person who is a defence member or a defence civilian commits an offence if:
 (a) the person engages in conduct; and
 (b) the conduct results in the destruction of, or damage to, service property; and
 (c) the person intends that result.
Maximum punishment: Imprisonment for 5 years.
 (2) A person who is a defence member or a defence civilian commits an offence if:
 (a) the person engages in conduct; and
 (b) the conduct results in the destruction of, or damage to, service property; and
 (c) the person is reckless as to that result.
Maximum punishment: Imprisonment for 2 years.
 (3) A person who is a defence member or a defence civilian commits an offence if:
 (a) the person engages in conduct; and
 (b) the conduct results in the destruction of, or damage to, service property; and
 (c) the person is negligent as to that result.
Maximum punishment: Imprisonment for 6 months.
 (4) It is a defence to a charge under subsection (1) if the person proves that he or she had a reasonable excuse for engaging in the relevant conduct.
Note: The defendant bears a legal burden in relation to the matter in subsection (4). See section 13.4 of the Criminal Code.