Offences- wilful damage Flashcards
What is the offence of intentional damage?
Intentionally
damage any property,
or set fire to any tree or other vegetation
What is the penalty for wilful damage?
Max penalty is three months imprisonment or a $2000 fine
Power of arrest falls under which section of the summary of offence act?
Section 39(1)
What 3 Elements need to be present ?
Intentional
Damages property or
Sets fire to any tree or vegetation
What’s is intentional?
A deliberate act without lawful justification, excuse or claim of right.
What is Recklessly?
Where the circumstance are foreseen, but the act is continued
What is property?
Something that belongs to someone else and can be damaged
What is damages?
Permanent or temporary reduction in value or usefulness
Which Act does wilful damage come under?
Summary of Offence Act 1981 section 11(1a) and 11(1b)
Practical action for Wilful damage..
- use a systematic approach
- Prevent further damage or safeguard
- Note or seize evidence of offence
- Ascertain value
- Request a court order for reparation in summary of facts, include reparation value and whom it belongs/payable
What is meant by the term graffiti vandalism and tagging?
Defined as damaging or defacing any building, structure or property by writing, painting, spraying or etching on to that property.
What circumstances must exist for it to be an offence to be in possession of graffiti implements?
In circumstances in which it can reasonably be inferred that he or she intends to use it to commit such an offence
2 defences available where spray cans are sold to persons under 18 years/for use by such persons?
Spray cans sold by an educational institute to its students to enable them to complete course work, or where an age document has been presented and the defendant believed on reasonable ground that the document was an age document, related to the buyer and showed the buyer was over 18.
Define the method that spray can be stored to ensure that a retailer is complying with the act.
Section 14b dictates that spray cans in shops must be stored in such a way that members of the public cannot access them with out help of the occupier, or an agent or employee of the occupier.
