Wilful Damage

Question 1

ELEMENTS of Wilful Damage + Penalty

Summary of Offences Act 1981 Section 11 (1) (b)

Answer 1

1. Intentionally
2. Sets fire to
3. Any tree or vegetation

Penalty = 3months/$2,000 fine

Question 2

ELEMENTS of Wilful Danage + Penalty

Summary of Offences Act 1981 Section 11 (1) (a)

Answer 2

1. Intentionally
2. Damages
3. Property

Penalty: 3 months/$2,000

Question 3

Define Intentionally

Answer 3

A deliberate or reckless act
Without lawful justification
Excuse or
Claim of right

Question 4

Define Recklessly

Answer 4

Where possible consequences are foreseen but continue to act regardless of that risk. (not intended or desired)

ie. Lighting a fire in dry area with chance it will spread

Question 5

Define Property

Answer 5

Something belonging to another person that is capable of being damaged

Question 6

Define Damages

Answer 6

Temporary OR Permanent reduction in value and uselfullness

Question 7

Procedure in investigating Wilful damage

Answer 7

1. VAWSEEPO
2. Prevent further damage
3. Seize/note evidence
4. Find out value of damaged/defaced property
   ie. quote from owner

Question 8

Graffiti vandalism, tagging and defacing

Act, section and penalty?

Answer 8

Summary of dDefences Act 1981 Section 11A

Penalty: Comm based sentence/$2,000

Question 9

Possession of Graffiti implements

Act, section and penalty?

Answer 9

Possession with intention

Summary of defences Act 1981 Section 11B

Penalty: Community work/$500

Question 10

Sale of Spray cans to under 18yrs

Act, section and penalty?

Answer 10

Summary of Defences Act 1981 Section 14A

Penalty: $1,500

Question 11

Failure to keep spray cans out of reach

Act, section and penalty?

Answer 11

Summary of Defences Act 1981 Section 14B

Penalty: $1,500

Question 12

Two defences available for selling spray cans to under 18 yrs

Answer 12

1. Educational institute/school work

2. Fake ID - seller thought the age documentation was believable on reasonable grounds

Question 13

Graffiti, vandalism, tagging elements

Answer 13

1. Without lawful authority
2. Without consent from occupier
   OR person in control
3. Damages or defaces
4. Any building OR..
5. By writing, drawing, panting, spraying