Intentional Damage

Question 0

Define the following terms:

• intentionally
• recklessly
• property
• damages

Answer 0

Intentionally - A deliberate or reckless Act [where the possible consequences are foreseen but continues the act regardless of the risk]

Recklessly - Where the possible consequences are foreseen but continues the act regardless of the risk

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

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

Question 1

What are the ingredients of intentional damage?

Answer 1

• Intentionally
• Damages
• Property, OR;
• Sets fire to any tree or vegetation

Question 2

Outline practical actions for dealing with intentional damage

Answer 2

• Use the Systematic approach
• 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 damaged property
• Request a court order for reparation in the Summary of facts. Include a reparation schedule with full details of the amount of the reparation and to whom it is payable

Question 3

Identify the act and section for intentional damage

Answer 3

Summary Offences Act 1981 - Section 11(1)(a) and 11(1)(b)

Question 4

Define what is meant by the terms graffiti vandalism and tagging

Answer 4

Damaging or defacing any building, structure or property by writing, painting, spraying or etching on to that property

Question 5

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

Answer 5

If it can be reasonably inferred that the possessor intends to use the item/s for such a purpose

Question 6

Outline 2 defences available where spray cans are sold to persons under 18 years of age/for use by such persons

Answer 6

• If the spray can is sold by and educational institution to its students to enable them to complete course work
• When an age document has been presented and the defendant believed on reasonable grounds that the document was an age document, related to the buyer and showed the buyer was over 18.

Question 7

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

Answer 7

They need to be stored in such a way that members of the public cannot access those items without the assistance of a retailer or occupier of that shop