0F06 Property 1 Wilful Damage

Question 1

Define intentionally

Answer 1

Intentionally- proven by: a deliberate act, without lawful justification, excuse or damage of right

OR

A reckless act (where the possible consequences are for seen but continues the act regardless of the risk), without lawful justification, excuse or claim of right.

Question 2

The elements of wilful

Damage are..

Answer 2

• intentionally
• damages
• property

Or

• intentionally
• sets fire to
• any tree or vegetation

Question 3

Define recklessly

Answer 3

Where the possible consequences are for seen but continues the act regardless of the risk

Question 4

Define Property

Answer 4

Something that belongs to another person and is capable of being damaged

Question 5

Define damages

Answer 5

Temporary or permanent reduction in the value and or usefulness of the property

Question 6

What are the practical procedures for dealing with an offence of intentionally damage

Answer 6

Use the systematic approach VAWSEEPO

• prevent further damage occurring or safeguard property until the owner or agent is present
• note or seize evidence of the offence
• ascertain the value of the damages property
• request a court order for reparation in the Summary of facts
• include a repetition schedule with full details of the amount of the repetition & to whom it is payable

Question 7

What is the Act and Section for wilful damage

Answer 7

The Summary Offences Act 1981 Section 11 (1)(a) & 11(1)(b)

Question 8

What is the definition of graffiti vandalism and tagging?

Answer 8

Graffiti vandalism and tagging are defined as damaging or defacing any building, structure or property by writing, painting, spraying or etching on to that property.

Question 9

Outline the circumstances that must exist for it to be an offence to be in possession of graffiti implements

Answer 9

It is an offence when it can be reasonably inferred that the possessor intends to use the
item/s for such purpose

Question 10

What are the two defences available when spray cans are sold to a person under the age of 18

Answer 10

Section 14A makes it an offence with a fine of up to $1500 to sell a spray can to a person under 18years

There are defended where the spray can is sold by educational institution to its students to
Enable them to complete course work
OR
Where an age document has been presented and the defendant believes on reasonable grounds that the document was an age document, related to the buyer and showed that the buyer was over 18

Question 11

Explain the method that spray cans must be stored to ensure the retailer is complying with the act

Answer 11

Section 14B Summary Offences Act 1981 dictates that spray cans in shops must be stored in such a way that members of the public cannot access them without the help of the occupier, or an agent or employee of the occupier. This does not mean that they have to be stored in locked cabinets

Question 12

What section in the Summary Offences Act 1981 relate to tagging and graffiti vandalism

Answer 12

• Section 11(1)(a) & (1)(b) wilful damage
• 11A graffiti vandalism & tagging
• 11B possession of graffiti implements
• 14A sake of spray cans to people under 18
• 14B access to spray cans in shops to be restricted