'Damage' within Crimes Act 1900 (NSW) s 195(1)(a) may be established either by physical harm to property or by interference with its functionality, without requiring both. To the extent DPP v Fraser and O'Donnell held that physical derangement was a necessary element, it should not be followed. However, the prosecution must still prove facts establishing either physical harm or functional interference beyond reasonable doubt — a finding that property required 'some degree of effort' to clean, without more, is insufficient.
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