GPA Flashcards
Define Graffiti implement
An implement or substance that is capable of being used to mark Gaffiti
Define Mark Graffiti
Write, draw, mark scratch or otherwise deface property where it can not be wiped off with a dry cloth
Define prescribed graffiti implement
An aerosol paint cantainer
Define possession
Actual physical possession
Custody or control
Shared possession
S5 GPA
a person must not mark graffiti, if graffiti is visible in a public place unless they have consent from the owner or agent of the owner
S6 (1)GPA
must not mark graffiti that is visible in a public place if it were to offend a reasonable person
S7 GPA Must not (without lawful excuse) possess a prescribed graffiti implement
MLA
On public property of transport company
A lawful excuse includes if the PGI is for employment, occupation, business, trade or profession
A person that possesses a PGI for the purpose chroming will be charged under the Drugs, poisons and controlled substance act
S8 GPA Possess graffiti implement with intent to mark graffiti
Must not possess a GI with the intention of using it
i.e.. permanent marker, keys (need to prove intention)
S13 GPA
O/D, D/P,
offender is 14 years or above, can search person, vehicle or thing in their possession at the time for PGI
SORG that a person has in their possession a PGI and they are 14 years or more
Before search PSO must: inform them of their name, rank and place of duty
S14 (1) GPA
A person under 14 years must not be searched under this act
Between 14-18 years old can be searched using the pat down method
If a search without a warrant is conducted we must complete a field contact report
S15(3) GPA
under 18 years old
before or during a search of a person a PSO SORG that the implement is going to be used for the purpose of inhalation.
Officers must use the provisions of the drugs, poisons and controlled substances act- volatile substances
