0F06 - WILFUL DAMAGE

Question 1

What are the ELEMENTS of Wilful damage in the Summary Offences act 1981 section 11(1)(a)?

Answer 1

Intentionally
Damages
Property

Question 2

What are the ELEMENTS of Wilful damage in the Summary Offences act 1981 section 11(1)(b)?

Answer 2

Intentionally
Sets fire to
Any tree or vegetation

Question 3

What does intentionally mean?

in terms of wilful damage

Answer 3

A deliberate OR reckless act without lawful justification, excuse or claim of right.

Question 4

What does Damages mean?

in terms of wilful damage

Answer 4

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

Question 5

What does Property mean?

in terms of wilful damage

Answer 5

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

Question 6

What is the penalty for wilful damage?

Answer 6

3 months imprisonment / $2000 fine

Question 7

What is the time-frame for prosecution to commence for Wilful damage?

Answer 7

Within 6 months

Question 8

What does it mean by a reckless act?

Answer 8

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

Question 9

Where is ‘Wilful Damage’ found in legislation?

Answer 9

Summary Offences Act 1981, Section 11

Question 10

Where in legislation is your ‘power of arrest’?

Answer 10

Section 39, Summary Offences Act 1981

Question 11

What is the penalty for a person who does graffiti vandalism?

Answer 11

A community-based sentence, or a fine not exceeding $2,000, or both.
If the person - without lawful authority; and - without the consent of the occupier or owner or other person in lawful control.

Question 12

What is ‘Graffiti Vandalism’?

Answer 12

Damages or defaces any building, structure, road, tree, property, or other thing by writing, drawing, painting, spraying, or etching on it…