Published 18 April 2024
Judge-alone trial — intentionally damaging a building — claim of right — Summary Offences Act 1981, s 11(1)(a). The defendant faced a charge of intentionally damaging a building. He had been driving a digger while working at a subdivision. While doing this work, he had demolished a small house on a neighbouring property. The defendant submitted that he had the defence of claim of right, because he had genuinely believed that he was entitled to demolish the house in the interest of safety. The Court observed that the defendant may have acted out of good intentions, but found that he had not genuinely believed that he had the right to demolish the house. The defendant was found guilty on the charge. Judgment Date: 22 June 2023
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