Intentional Damage & Tagging and Graffiti Vandalism Flashcards
What are the ingredients of intentional damage?
Intentially
Damages
Property
Define the following term: Intentionally?
A deliberate act or reckless act without lawful justification, excuse or claim of right.
Define the following term: Recklessly?
Where the possible consequences are foreseen but continues the act regardless of the risk.
Define the following intentional damage term: Property?
Something that belongs to another person and is capable of being damaged.
Define the following term: Damages?
Temporary or permanent reduction in the value and or usefulness of the property.
Outline practical action procedures for dealing with intentional damage complaints:
Use the systematic approach.
Prevent further damage occurring or safeguard property until the owner or agent is present.
Note or seize evidence of the offence.
Ascertain the value of the damaged property.
Request a court order for reparation in the Summary of facts. Include a reparation schedule with full details of the amount of the reparation and to whom it is payable.
The offence of Intentional Damage is found in the Summary Offences Act 1981 Section 11(1)(a) and 11(1)(b).
Identify the Act and section for intentional damage:
Section 11 of the Summary Offences Act 1981.
Define what is meant by the terms graffiti vandalism and tagging:
Defined as damaging or defacing any building, structure or property by writing, painting, spraying or etching on to that property.
Outline the circumstances that must exist for it to be an offence to be in possession of graffiti implements:
It is an offence to be in possession of graffiti implements in circumstances in which it can reasonably be inferred that the possessor intends to use the items for such purpose.
Outline two defences available where spray cans are sold to persons under 18 years of age / for use by such persons:
Where the spray can is sold by an educational institution to its students to enable them to complete course work.
Where an age document has been presented and the defendant believed on reasonable grounds that the document was an age document, related to the buyer and showed that the buyer was over 18.
Define the method that spray cans must be stored to ensure that a retailer is complying with the Act:
Section 14B dictates that spray cans in shops must be stored in such a way that members of the public cannot access them without the help of the occupier, or an agent or employee of the occupier. This does not mean that the spray cans must be locked in cabinets.
