OF06 WILFUL DAMAGE, TAGGING AND GRAFFITI VANDALISM

Question 1

Section 11 Summary Offences Act 1981?

Answer 1

Wilful Damage

Question 2

Penalty for Wilful damage?

Answer 2

3 Months imprisonment or $2000 fine

Question 3

Power of arrest secction for wilful damage?

Answer 3

Section 39 Summary Offences Act 1981

Question 4

What section of the crimes act can be used for more serious cases on intentional damage?

Answer 4

Section 269 Crimes act 1961

Question 5

Elements of wilful damage?

Answer 5

S11(I)(a)
Intentionally
Damages
Property

or

S11 (I)(b)
Intentionally
Sets fire too
Any tree of vegetation

Question 6

Define Intentionally

Answer 6

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

or

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

Question 7

Define damages

Answer 7

Temporary or perminant reduction in the value and/or usefulness of the property

Question 8

Define property

Answer 8

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

Question 9

Section 11B Summary Offences Act 1981

Answer 9

Possession of graffiti impliments

Question 10

Section 11A summary offences act 1981

Answer 10

Graffiti vandalism, tagging, defacing

Question 11

What time frames must prossecution be commenced for wilful damge summary offences and intentional damge Crimes act?

Answer 11

SOA - 6 months

CA - No time limit to commence proceedings

Question 12

Why does the element of property not contain the word ‘Any’

Answer 12

A person cant be charged for damaging their own property. Unless they are trying to defraued or cause loss to another person.

Question 13

Penaltys for graffiti

Answer 13

Judge may impose a community sentance for the offender to clean their graffiti or
$2000 fine