Offences One Flashcards
Wilful Damage
Act
Section 11 Summary Offences Act 1981
Wilful Damage Section 11(1)(a) Elements
Intentionally
damages
property
Wilful Damage
Penalty
Maximum penalty is 3 months imprisonment or $2000 fine
Wilful Damage
Power of Arrest
Power of arrest is in section 39(1) of the Summary Offences Act 1981
Wilful Damage
More serious cases?
Section 269 of the Crimes Act 1961
Graffiti, vandalism, tagging, defacing
Act
Section 11A, Summary Offences Act
Graffiti, vandalism, tagging, defacing
Offence
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
Possession of graffiti implements
Act
Section 11B, Summary Offences Act
Possession of graffiti implements
Offence
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.
Possession of graffiti implements
Penalty
Sentence of community work or a fine not exceeding $500, or both.
Graffiti, vandalism, tagging, defacing
Penalty
Community-based sentence or a fine not exceeding $2000, or both.
Sale of spray cans to people under 18
Act
Section 14A Summary offences (tagging and graffiti vandalism) amendment act
Sale of spray cans to people under 18
Offence
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.
Sale of spray cans to people under 18
Penalty
Fine up to $1500
Access to spray cans in shops to be restricted
Act
Section 14B Summary offences (tagging and graffiti vandalism) amendment act