Possession with intent to destroy or damage property
A person commits this offence under section 62 of the Crimes Ordinance if he has anything in his custody or under his control, intending without lawful excuse to use it, or cause or permit another to use it:
- To destroy or damage any property belonging to some other person; or
- To destroy or damage his own or the user’s property in a way which he knows is likely to endanger the life of some other person.
To be convicted under this offence, the offender must intend to use, or let another person use, the thing to destroy or damage any property at some future time. It is not enough that the defendant realises or recognises that the thing can be used to damage property.
It is not necessary for the defendant to intend to use the item right away; it is sufficient that he possesses it with the required intent, even if he only plans to use it at some later time.
If a person intends to use the item to damage property only in a certain condition e.g. when he intends to use a tool to damage a door lock only if the door is locked, that will also fall under this offence.
The maximum sentence for this offence is 10 years’ imprisonment.
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