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Damage to property has been subjected to criminal sanction in terms of two common-law crimes in South Africa: malicious injury to property and arson.
The penalty of this offence can range from 12 months imprisonment, to up to 12 years. If you have been charged with malicious damage, the prosecutor will need to prove: The damage or destruction of the property was caused by you. The property was owned by another person or co-owned by you and another person.
Any time a person damages someone else's property without the owner's permission, that's criminal mischief. Criminal mischief is also known as malicious mischief, vandalism, damage to property, or by other names depending on the state.
Destroying or Damaging Property can be punished with a prison sentence of up to 2 years (If heard in the Local Court) or 5 years (If heard in the District Court), If the damage is caused by fire or explosives offenders face up to 10 years imprisonment.
Malicious injuries in general. Any person who wilfully and unlawfully destroys or damages any property, is guilty of an offence, which, unless otherwise stated, is a misdemeanor and he is liable, if no other punishment is provided, to imprisonment for two years.
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For malicious damage to be covered by an insurer you must be able to prove that the damage was caused with intent and that it's been reported to the police. This means you'll need to provide a crime reference number.
To convict you of malicious property damage, the Prosecution must prove each of the following elements beyond a reasonable doubt: You destroyed or damaged property; The property belonged to another person, or the accused and another person; The destruction or damage was done maliciously, with intent or recklessness.
Malicious damage is broadly defined as the intentional destruction or defacement of public, commercial and private property. Common forms of malicious damage include vandalism and can include trespass, graffiti, illegal tipping, smashed windows, or other defacing of property.
The penalty of this offence can range from 12 months imprisonment, to up to 12 years. If you have been charged with malicious damage, the prosecutor will need to prove: The damage or destruction of the property was caused by you. The property was owned by another person or co-owned by you and another person.
E+W. (1)A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.

malicious damage to property south africa