OF06 Wilful Damage, Tagging and Graffiti Vandalism Flashcards

1
Q

What are the elements for Wilful Damage S11(1)(a)?

A
  • Intentionally
  • Damages
  • Property
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2
Q

What are the elements for Wilful Damage S11(1)(b)?

A
  • Intentionally
  • sets fire to
  • any tree or vegetation
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3
Q

What does ‘Intentionally’ mean?

A

A deliberate act, without lawful justification, excuse or claim of right.
OR
A reckless act, [where the possible circumstances are foreseen but continues to act regardless of the risk] without lawful justification, excuse or claim of right.

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4
Q

What does ‘property’ mean?

A

Something that belongs to another person and is capable of being damaged.

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5
Q

DEFINE

damages

A

The temporary or permanent reduction in the value and/or usefulness of the property.

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6
Q

What is the max penalty for Wilful Damage?

A

3 months imprisonment or $2000 fine.

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7
Q

What Section and Act is Wilful Damage?

A

Summary Offences Act 1981 Section 11(1)(a) and 11(1)(b).

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8
Q

What are the statutory limits for both the Summary Offences Act 1981 and the Crimes Act 1961?

A

Summary Offences Act 1981 requires prosecutions to be commenced within 6 months.
Crimes Act 1961 has no set time limit.

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9
Q

Section 11A

A

It is an offence to damage or deface and building, structure, road, tree, property or “other thing” by writing, drawing, painting, spraying, etching, or otherwise marking it. Without lawful authority or consent.

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10
Q

Section 11B

A

Possession of graffiti implements.. without reasonable excuse, in circumstances which it can be reasonable inferred that he or she intends to use it to commit such an offence.

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11
Q

What does SPANR stand for?

A
S - SYSTEMATIC approach
P - PREVENT further damage
A - ASCERTAIN the VALUE 
N - NOTE, photograph or seize evidence 
R- REQUEST REPARATION if prosecuting
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12
Q

What is the legal age to buy graffiti/tagging instruments?

A

18

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