Section 174 - Explanation of unlawful damage

(1) A person does an act or causes an event unlawfully, within the meaning of the provisions of this Act relating to unlawful damage, where that person is liable to a civil action or proceeding, or to a fine or any other punishment under an enactment,

(a) in respect of the doing of the act causing an event, or

(b) in respect of the consequences of the act or event, or

(c) in which that person would be so liable if that person caused the event directly by a personal act, or

(d) in which that person is liable to be restrained by injunction or any other proceeding from doing that act or causing that event.

(2) It is immaterial whether a person accused of a criminal offence in respect of any premises or a thing is or is not in possession or occupation of the premises or of that thing.

(3) A person who is interested jointly or in common with other persons in any premises or a thing as an owner or otherwise, or who as owner is a trustee for any other person, can commit a criminal offence punishable under the provisions referred to in subsection (1) by an act which is unlawful under this Chapter.

(4) A person who is the sole beneficial owner of any premises or a thing can commit a criminal offence punishable under the provisions referred to in subsection (1) by an act done with intent to injure or defraud a person or to cause harm to a person although the act is not otherwise unlawful.

(5) Despite anything contained in Part One as to mistake of law, a person is not liable to punishment in respect of doing a thing which that person in good faith, believes to be entitled to do.

Illustrations

Subsection (2) A tenant of a house can commit a criminal offence against those provisions by setting fire to the house.

Subsection (3) A person who is a joint owner or in common with other persons of a house or other property can commit a criminal offence against those provisions in respect of the injury caused by that person’s criminal offence to the other joint owners or co-owners.

Subsection (4) A person who intentionally sets fire to that person’s own dwelling-house or ship may commit the criminal offence of causing unlawful damage as, for instance, if the fire is likely to spread to and does spread to other houses or if the property of any other persons is likely to be destroyed and is destroyed.