|Name:||Penal Code (Amendment) Act, 1999 (No. 11 of 1999).|
|Subject(s):||Criminal and penal law|
|Type of legislation:||Law, Act|
|Entry into force:|
|Bibliography:||Act on-line PacLII, University of the South Pacific PDF (consulted on 2010-07-06)
|Abstract/Citation:||This section deals with the basic crime of causing property damage which now carries a penalty of 2 years and unlimited fine which shall not be excessive. It will be seen therefore that the proposed change however seeks to increase the penalty to a fine of $5000 or to imprisonment for 5 years or both in section 319(1).
New section 319(2) creates a new offence of damaging property of which property damage is likely to put at risk the safety of any person. This will cover in clear and simple terms the situation of offenders who destroy property of value and importance to the community, which is for the public good, like street signs and navigation lights. The penalty here will be a maximum of $20,000 and 20 years in prison or both.
New section 319(3) concerns damage to special property like public registries, title deeds and wills. This repeats the old section 319(4) and (7) but increases the penalty from 14 years to $25,000 or imprisonment for 20 years or both.
Section 319(4) is the most serious level of property damage, where the damage has the consequence of endangering life. In this case the maximum penalty is $30,000 or 25 years prison or both.
Clause 319(5) deals with attempts to destroy or damage property and as such the penalties provided under this subclause are less severe than those provided in section 319(1), (2), (3) and (4).