Question: How Do You Prove Malicious Damage?

How do you prove malicious damage in South Africa?

The Requirements for a Successful Malicious Prosecution ClaimThe defendant set the law in motion (instigated or instituted the proceedings);The defendant acted without reasonable and probable cause;The defendant acted with malice (or animo injuriandi – the wrongful intention to defame or injure another’s reputation or personality); and.The prosecution failed.”.

Can you go to jail for malicious damage?

The maximum penalty for “malicious damage” under section 195 is 5 years’ imprisonment in the District Court or 2 years if the case remains in the Local Court. If you are found guilty, you face a range of possible penalties such as a fine, a good behaviour bond, community service or even prison.

Can you sue for malicious intent?

A plaintiff can sue for malicious prosecution when a defendant “maliciously” prosecutes a criminal case or uses a civil proceeding against the plaintiff when the defendant knows he or she doesn’t have a case.

What is malicious prosecution in law?

Malicious prosecution occurs when one party has knowingly and with malicious intent initiated baseless litigation against another party. … Most states allow recovery for claims based on civil suits as long as the plaintiff (the defendant in the original case) is able to prove malicious intent and lack of probable cause.

Can you damage your own property?

An owner can damage his or her own property if, at the same time, it belongs to someone else – s. 10(2). For example, if a person sets fire to his own house, which is subject to a mortgage, he can still be charged under s.

Can you press charges on someone for destruction of property?

Since it is over $250 it could be charged as a felony (see 145.05(2)). You can get compensation if you sue her civilly. If you press charges, the a judge may…

What constitutes malicious damage?

Malicious damage means intentionally damaging property. It cannot be accidental – if it is, there is no offence committed. Malicious damage can occur through recklessness. … The precise circumstances of an incident may make it difficult to distinguish between malicious, reckless and accidental actions.

Is malicious damage to property a criminal Offence?

Malicious damage to property is the unlawful and intentional damaging of property that belongs to another person and this is a crime in South African law. … Any such damage must be intended to damage your property and not be accidental damage.

What is the punishment for crimen injuria?

‘In my view the imposition of 12 months imprisonment for a crime such as crimen injuria is, in the circumstances, inappropriate since it induces a sense of shock.

What is malicious damage to property in South Africa?

[6] The traditional definition of malicious injury (damage) to property consists in an unlawfully and intentionally damaging to the property of another. … The said items, it is alleged by the State, are the property and were in the lawful possession of the complainant.

Is blackmail a crime in South Africa?

Under South African law, the crime of extortion is classified as a common law crime. … This is not the same as blackmail, as extortion involves a more serious threat. Simply put, it means threatening a person with a harmful act unless they submit to demands being made.

What is the sentence for damage to property?

Criminal damage to property is usually categorized under state laws as a misdemeanor or a gross misdemeanor. Typically, misdemeanor convictions will result in legal consequences like fines and/or a short jail sentence of less than one year.

What is arson fire?

What Is Arson? While states define the offense somewhat differently, arson is generally the intentional and malicious act of burning or setting fire to another person’s property. Some might think arson has to involve the burning of a house or some kind of building.

What kind of charge is destruction of property?

Many acts of vandalism are misdemeanors, meaning the maximum penalties include fines and up to a year in the local jail. However, vandalism that results in serious damage to valuable property is a felony. Defendants charged with a felony can face more than a year in state prison and significant fines.

What does malicious destruction of property mean?

A malicious destruction of property charge requires an intent to damage the property – if your charge arises from an accident or if the property belonged to you rather than the victim, you may have a case that could result in a negotiated dismissal or an acquittal at trial.

How do you prove malicious destruction of property?

In order to convict a defendant of malicious destruction of property, the Commonwealth must prove beyond a reasonable doubt that:The defendant destroyed or damaged the personal property, building, or dwelling house of another person;The defendant did so willfully; and.The defendant acted with malice.

What kind of crime is property damage?

VandalismVandalism. Vandalism occurs when an individual destroys, defaces or otherwise degrades someone else’s property without their permission; sometimes called criminal damage, malicious trespass, or malicious mischief.

What is malicious damage to a car?

Malicious damage is an act that intentionally or deliberately causes damage to personal, private or commercial property. ** Examples of malicious damage include vandalism such as car bodywork being deliberately scratched, wing mirrors pulled off and windows being smashed.