South Australian Current Acts

SUMMARY OFFENCES ACT 1953 - SECT 51

51—Throwing missiles



(1) A person who, without lawful excuse, throws a missile intending to—



(a) injure, annoy or frighten any person; or



(b) damage any property,



is guilty of an offence.



Maximum penalty: Imprisonment for 2 years.



(2) A person who, without lawful excuse, throws a missile and who is reckless as to whether that act—



(a) injures, annoys or frightens, or may injure, annoy or frighten, any person; or



(b) damages, or may damage, any property,



is guilty of an offence.



Maximum penalty: Imprisonment for 1 year.



(3) In proceedings for an offence against this section, it is not necessary for the prosecution to establish that a person was, in fact, injured, annoyed or frightened or that property was, in fact, damaged (as the case requires) by the defendant's act.



(4) In this section—



"reckless"—a person is reckless as to whether an act injures, annoys or frightens, or may injure, annoy or frighten any person, or damages or may damage any property, if the person—



(a) is aware of a substantial risk that the act could injure, annoy or frighten any person or damage any property; and



(b) does the act despite the risk and without adequate justification;



"throw" includes to discharge or project by means of any mechanism or device.

