GRAFFITI AOS2

Question 1

Summary offences

Answer 1

Less serious offences heard in magistrate court

Question 2

Elements of graffiti?

Answer 2

• The accused marked publicly visible graffiti
• The accused marked the graffiti without the owner’s permission

Question 3

Graffiti is a strict liability crime meaning that..?

Answer 3

only the guilty act actus rea can be demonstrated and does not need the mens rea

Question 4

Defences for graffiti

Answer 4

• the accused had the owners permission
• the graffiti can be removed with a cloth
• the graffiti was not visible in a public place

Question 5

Sanctions for graffiti

Answer 5

Penalties range from on-the-spot fines to imprisonment.

Question 6

Impact on society?

Answer 6

• make places feel unsafe
• can make people feel uncomfortable
• cost of removal

Question 7

Impact on communtity?

Answer 7

OFFENDER: Guilt or shame
FAMILY AND FRIENDS: Loss of trust in the law and community values
VICTIMS: Cost of removing graffiti `

Question 8

statute law

Answer 8

the element of graffiti is developed through statute law.