Offences One Flashcards

1
Q

Wilful Damage

Act

A

Section 11 Summary Offences Act 1981

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2
Q
Wilful Damage
Section 11(1)(a) Elements
A

Intentionally
damages
property

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3
Q

Wilful Damage

Penalty

A

Maximum penalty is 3 months imprisonment or $2000 fine

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4
Q

Wilful Damage

Power of Arrest

A

Power of arrest is in section 39(1) of the Summary Offences Act 1981

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5
Q

Wilful Damage

More serious cases?

A

Section 269 of the Crimes Act 1961

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6
Q

Graffiti, vandalism, tagging, defacing

Act

A

Section 11A, Summary Offences Act

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7
Q

Graffiti, vandalism, tagging, defacing

Offence

A

He or she damages or defaces any building, structure, road, tree, property, or other thing by writing, drawing, painting, spraying, or etching on it, or otherwise marking it,

  • without lawful authority; and
  • without the consent of the occupier or owner or other person in lawful control
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8
Q

Possession of graffiti implements

Act

A

Section 11B, Summary Offences Act

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9
Q

Possession of graffiti implements

Offence

A

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(graffiti, tagging etc.) in circumstances in which it can reasonably be inferred that he or she intends to use it to commit such an offence.

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10
Q

Possession of graffiti implements

Penalty

A

Sentence of community work or a fine not exceeding $500, or both.

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11
Q

Graffiti, vandalism, tagging, defacing

Penalty

A

Community-based sentence or a fine not exceeding $2000, or both.

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12
Q

Sale of spray cans to people under 18

Act

A

Section 14A Summary offences (tagging and graffiti vandalism) amendment act

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13
Q

Sale of spray cans to people under 18

Offence

A

To sell a spray can to a person under 18 years of age.

  • Educational institute can sell to students IOT complete course work.
  • Have defence if age document was presented and defendant believed on reasonable grounds age document showed that the buyer was 18+
  • Not an offence to supply a spray can to person under 18 but could be charged as a party to defacing.
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14
Q

Sale of spray cans to people under 18

Penalty

A

Fine up to $1500

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15
Q

Access to spray cans in shops to be restricted

Act

A

Section 14B Summary offences (tagging and graffiti vandalism) amendment act

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16
Q

Access to spray cans in shops to be restricted

Offence

A

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.

17
Q

Access to spray cans in shops to be restricted

Penalty

A

Non-compliance may result in a fine up to $1500

18
Q
Wilful Damage
Section 11(1)(b) Elements
A

Intentionally
Sets fire to
Any tree or vegetation

19
Q

Fighting in a public place

Act

A

Section 7

Summary Offences Act 1981

20
Q

Fighting in a public place

Penalty

A

$1000 fine

21
Q

Fighting in a public place

Elements

A

Fights

In a public place