OF06: Property (Wilful Damage)

Question 1

Elements of Wilful Damage

Answer 1

Intentionally
Damages
Property

OR

Intentionally
Sets fire to
Any tree or vegetation

Question 2

Section and Act: Wilful Damage

Answer 2

Section 11(a) & (b)
Summary of Offences Act

Question 3

ASPECTS of Wilful Damage (aspects to prove the damage done was wilful)

Answer 3

1. identity
2. mens rea
3. actus reus

Question 4

Describe: Property

Answer 4

anything whatsoever that is in someones lawful possession and has value

Question 5

Describe: Intentionally

Answer 5

Deliberate or reckless act without lawful justification or claim of right

Question 6

Describe: Reckless

Answer 6

no regard for possible consequences

Question 7

Describe: Damages

Answer 7

Temporary or permanent reduction in the value or usefulness of property

Question 8

Elements of Graffiti, Vandalism or Tagging

Answer 8

• Without lawful authority
• Without consent from the occupier OR the owner OR
  the person in lawful control
• Damages or defaces
• Any building OR…
• By writing, drawing, painting, spraying, etching, or
  otherwise marking it 

Question 9

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

Answer 9

If without reasonable excuse they have in their possession a thing capable of being used to commit the offence and you have reasonable belief they were going to use it.