OF06 WILFUL DAMAGE Flashcards
Wilful Damage
What are the Elements of Wilful Damage
- Intentionally
- Damages
- Property
- sets fire to
- any vegetation
Define the term: Intentionally
A deliberate act, without lawful justification, excuse or claim of right
Or
A reckless act (where the possible consequences are foreseen but continues to act regardless of the risk) without lawful justification, excuse or claim of right.
Or
A deliberate or reckless act (where the possible consequences are foreseen but continues to act regardless of the risk) without lawful justification, excuse or claim of right
Define the term: Recklessly
Where the possible consequences are foreseen but continues to act regardless of the risk
Define the term: Property
Something that belongs to another person and is capable of being damaged.
Define the term: Damages
Temporary or permanent reduction in the value and/or usefulness of the property.
The Act and section for wilful damage.
Summary Offences Act Section 11
Define what is meant by the terms graffiti, vandalism and tagging
by writing, drawing, painting, spraying, or etching on it, or otherwise marking it,
Outline the circumstances that must exist for it to be an offence to be in possession of graffiti implements.
if without reasonable excuse he or she has in his or her possession a thing capable of being used to commit an offence against section 11A in circumstances in which it can reasonably be inferred that he or she intends to use it to commit such an offence.
Outline 2 defences available where spray cans are sold to persons under 18 years of age / for use by such persons.
Sold by a school to a student for a project, or if an age document (ID) has been shown and the shop owned believed on reasonable grounds that the ID was real and related to the person presenting it..
Define the method that spray cans must be stored to ensure a retailer is complying with the act.
in a way that members of the public cannot access them without a staff member.
