OF06 Wilful Damage, Tagging and Graffiti Vandalism Flashcards
What are the elements for Wilful Damage S11(1)(a)?
- Intentionally
- Damages
- Property
What are the elements for Wilful Damage S11(1)(b)?
- Intentionally
- sets fire to
- any tree or vegetation
What does ‘Intentionally’ mean?
A deliberate act, without lawful justification, excuse or claim of right.
OR
A reckless act, [where the possible circumstances are foreseen but continues to act regardless of the risk] without lawful justification, excuse or claim of right.
What does ‘property’ mean?
Something that belongs to another person and is capable of being damaged.
What does ‘damages’ mean?
The temporary or permanent reduction in the value and/or usefulness of the property.
What is the max penalty for Wilful Damage?
3 months imprisonment or $2000 fine.
What Section and Act is Wilful Damage?
Summary Offences Act 1981 Section 11(1)(a) and 11(1)(b).
What are the statutory limits for both the Summary Offences Act 1981 and the Crimes Act 1961?
Summary Offences Act 1981 requires prosecutions to be commenced within 6 months.
Crimes Act 1961 has no set time limit.
Section 11A
It is an offence to damage or deface and building, structure, road, tree, property or “other thing” by writing, drawing, painting, spraying, etching, or otherwise marking it. Without lawful authority or consent.
Section 11B
Possession of graffiti implements.. without reasonable excuse, in circumstances which it can be reasonable inferred that he or she intends to use it to commit such an offence.
What does SPANR stand for?
S - Systematic approach, gather information
P - Prevent further damage
A - Ascertain the value of the damaged property
N - Note, photograph or seize evidence
R- Request reparation if prosecuting
What is the legal age to buy graffiti/tagging instruments?
18
