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MODULE 1 > PPP145 - Law, Policy and Procedure. > Flashcards

PPP145 - Law, Policy and Procedure. Flashcards

1
Q

What is Original Authority?

A
  • Role of Constable.
  • Oath of Office.
  • Using own discretion.
  • Accountable for ones own actions.
  • Without having to refer to a higher authority.
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2
Q

Policy/procedure/legislation exists because?

A
  • They exist to provide guidance and what to do and how to fulfil your role as a NSW police officer.
  • Section 7 Police ACT Statement of values.
  • Section 6 Police ACT Mission and functions NSW.
  • Reg.7 Oath and Affirmation of office.
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3
Q

Difference between policy and legislation?

A
  • Legislation is an ACT voted on by parliament
  • Policy is how to act under the legislation and follow it. Policy can
    be broken as long as there is a valid reason. Legislation can not be
    broken.
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4
Q

Sections Contained in an Act (DOPP)

A
  1. Definition Sections
  2. Offence Creating Sections
  3. Powers Sections
  4. Procedural Sections
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5
Q

What is Strict Liability?

A

The action, or Actus Reus, of the person with little or no mens rea present. For example: Speeding in a motor vehicle.

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6
Q

How do you prove CRIMINAL LIABILITY?

A

We must establish:
• Actus reus: The physical act of the crime
• Mens rea: The guilty mind.

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7
Q

Elements of an Offence

A

The ‘elements’ of an offence are the essential ingredients of that
offence

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8
Q

Identifying Elements of an offence:

A
  • The accused (Mark)
  • The offence (Urinating in a public place)
  • Location ( Main street of Goulburn)
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9
Q

What is a Summary Offence?

A

For an offence to be a summary offence, the statute that creates the offence must clearly say that it can be dealt with summarily.
- Heard and determined in local court by a magistrate
- Fine or up to 2 year’s gaol (or both).
(Driving offences)

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10
Q

What is a Minor Indictable Offence?

A

2 to 5 years imprisonment (Common assault)

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11
Q

What is a Serious indictable Offence?

A

5 years imprisonment or more. (E.G. Property damage)

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12
Q

What is a Strictly Indictable Offence?

A

These offences include murder, manslaughter, offences regarding the infliction of really serious injury when the person intended to do so, robbery, very serious sexual offences and drug offences involving large quantities of drugs.

  • Tried by jury in the District or Supreme Court
  • They are not included in Table 1 or 2 [hence strictly (only) indictable]
  • Usually involve 25 years imprisonment to life
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13
Q

What is the Statute of Limitations?

A
  • Limitation period on the time for a prosecution or plaintiff to bring an action against another person
  • Summary matters: in most cases you have 6 months from the time of the offence to instigate court proceedings
    Exception: A person is found in possession of an unlawfully obtained motor vehicle – Statute is 2 years
  • Graffiti is also 2 years
  • Indictable matters: No time limit applies
    (S. 179 of the CP Act 1986)
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14
Q

What is Doli Incapax?

A
  • A child under 10 is incapable of forming criminal intent and therefore cannot be charged with any offence.
  • Children between 10 and 14 police have to prove mens rea that the child knew what they were doing was wrong.
  • Over the age of 14 the child is presumed to possess enough reason to form intent.
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15
Q

Establishment of law in New South Wales:

A
  1. Initiation
  2. Drafting
  3. Cabinet consultation
  4. First reading Second reading
  5. Committee stage
  6. Third reading
  7. Upper house
  8. Governor or Governor general
  9. Gazetting (To publish)
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16
Q

ACT – vs - The REGULATIONS

A

• The act is the law.
• Regulations can be enforced by a company.
(E.g. guidelines)

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17
Q

What happens If there is satisfaction from 99 1a but not 1b?

A

investigate proceedings via FCAN, Future Service CAN:

• Must at least have reasonable grounds to suspect the person is committing or has committed an offence to arrest.

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18
Q

Arrest powers acronym (POWAID)

S. 99 – S. 105 - LEPRA

A

P- Police officer – Without Warrant S. 99
O- Other Persons – Without Warrant S. 100
W- Warrant To Arrest S.101
A- At large Persons S. 102
I- Interstate Offences S. 104
D- Discontinue Arrest S. 105

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19
Q

What are the alternatives to arrest?

A
  • No action.
  • Warning.
  • Penalty notice.
  • (FCAN) Field Court Attendance Notice.
  • (FSCAN) Future Service Court Attendance Notice.
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20
Q

What does it mean to ‘IPE’? (To do with LEPRA)

A

Inform- Reason for exercise of power.
Provide- Name and place of duty.
Evidence- That you’re a police officer (Unless in uniform).

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21
Q

LEPRA Section 201 Part. 15– Police powers where IPE applies:

A

Powers that require IPE: stop, search, arrest, search vehicle, enter premises, seize property, request identity, general directions and establish crime scene

Powers that don’t require IPE: enter or search a public place, covert search warrant, detain an intoxicated person Part 16.

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22
Q

LEPRA Section 202 Part. 15 (Safeguards IPE):

A

PO to provide information when exercising powers.
- Evidence you’re a police officer, Name/place of duty, Reason for exercise of power.

  • PO must IPE before giving direction or as soon as reasonably practicable to do so.
  • Direction etc. given to group, not necessary to repeat to all persons.
  • If 2 or more PO exercising power, only one PO required to IPE.
  • If person subject to exercise of power asks, PO must IPE.
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23
Q

LEPRA Section 204A Part 15 (Validity of exercise of

powers):

A

If the PO fails to provide their name or place of duty when exercising a power it does not render the exercise of the power unlawful or otherwise affect the validity of anything resulting from the exercise of that power.
• Does not apply if the failure to comply occurs after the police officer was asked for information.
• Does not apply to the exercise of a power that consists of a direction, requirement or request to a single person.

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24
Q

LEPRA Section 230 - (Use of force in exercising a

power/function):

A

It’s lawful for a police officer exercising a function under this Act or any other Act or law in relation to an individual or a thing, and anyone helping the police officer, to use such force as is reasonably necessary to exercise the function.

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25
Q

LEPRA Section 231 Part 18 - (Use of force in making an arrest):

A

A Police officer or other person who exercises a power to arrest another person may use as much force as necessary to make the arrest or to prevent the escape of the person after arrest

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26
Q

LEPRA Section 105 Part 8 - (Arrest may be discontinued):

A

A PO may discontinue an arrest in any of the following circumstances:
• If the arrested person is no longer a suspect or the reason for the arrest no longer exists.
• If it is more appropriate to deal with the matter in some other manner -

E.G. By issuing a warning or caution or a penalty notice or court attendance notice or, in the case of a child, dealing with the matter under the Young Offenders Act 1997 .

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27
Q

What does it mean to ‘Suspect on reasonable grounds’?

A
  • Subjective- Police officers point of view.

* Objective- Would a reasonable person come to the same conclusion?

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28
Q

How to Determine whether you have sufficient evidence to commence proceedings:

(Module 3 End).

A

You will need to assess:
• Whether there’s some evidence to support each “proof” of offence.
• Whether it can or cannot be said that there’s “on reasonable grounds” Prospect of conviction.
• Whether it’s in the “public interest” to commence proceedings.

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29
Q

How do you prove Criminal Liability?: (Module 4 Start)

A

We must establish:

Actus Reus and Mens Rea.

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30
Q

What classifies a Minor Indictable Offence?

A

2-5 years imprisonment.

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31
Q

What classifies a serious Indictable offence?

A

5+ Years in Gaol.

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32
Q

What is a Summary offence?

A

Offences that are minor and are presented in local courts.

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33
Q

What is Mens Reus?

A

The mental element of as crime.

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34
Q

What is Actus Reus?

A

The Physical Elements of a crime.

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35
Q

What is Strict Liability?

A

It’s all about the Actus reus regardless of mens reus e.g traffic fine.

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36
Q

What is meant by ‘Beyond a reasonable doubt’?

A

It is the responsibility of the prosecution to prove each of the elements.

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37
Q

What is meant by ‘the balance of probabilities.”

A

the burden of proof lies with the plaintiff who is the person who has initiated the action and the standard of proof is on

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38
Q

What is the Doctrine of Doli Incapax?

A

Between the ages of 10 and 14 years, police (the investigator) have to prove that the child knew that what they were doing was seriously wrong and must ask questions to that effect during the interview.

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39
Q

What age are children not liable for their offences?

A

Children (Criminal Proceedings) Act 1987 (NSW), Section.

Age of criminal responsibility:
It shall be conclusively presumed that no child who is under the age of 10 years can be guilty of an offence.

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40
Q

Identify and Explain Elements of Offensive Behaviour? (MUST KNOW FOR EXAMS) (TCI)

A
  1. The accused e.g William Smith
  2. Conducted himself in an offensive manner (describe their behaviour) – urinating
  3. In or near, or within view or hearing from, a public place/school (describe the location of the incident) - Auburn Street, Goulburn

NOTE: Always say ‘the accused’ don’t name them. anything else!

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41
Q

What is the statute of limitations?

A

This is the timeframe to put before local court, this is 6 months after the offence has been done.

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42
Q

Why does need to be scrutinised in court?

A

To prove Beyond Reasonable Doubt that they’re guilty.

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43
Q

What is evidence?

A

Information captured in the admissible format that once tendered and accepted by the court proves or disproves the existence of a fact in issue in the court proceedings..

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44
Q

What is Direct and Circumstantial evidence?

A
  • Direct- the object, hart of the matter (knife, gun).

* Circumstantial- secondary evidence (fingerprints, blood).

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45
Q

What are the three types of evidence? (IMPORTANT)

A
  • Original: Facts perceived by the witness (seeing, touching tasting hearing or smelling), Police statement.
  • Real: Physical evidence, weapon(DNA)
  • Documentary: Evidence in documents (written records, electronic records, audio visual records)
46
Q

What is Inculpatory Evidence?

A

Evidence that can establish guilt.

47
Q

What is Exculpatory Evidence?

A

Evidence that points toward innocents.

48
Q

What does Admissible mean?

A
  • Evidence that can be used in court.

* (evidence act 1995).

49
Q

What makes evidence admissible? (IMPORTANT)

A
  • Relevance- Relevance of evidence.
  • Reliable- Test of credibility.
  • Fair- Obtained lawfully.
50
Q

ID Parades:

A
  • S.114 Evidence Act 1995 – Exclusion of visual evidence.
  • Visual identification evidence is not admissible unless an identification parade was held – the accused must be afforded the opportunity to participate in an ID parade.
51
Q

What causes exclusion of ID parades?

A
  • Accused refuses.
  • It is not reasonable.
  • It is unfair.
52
Q

Court terms and processes-

Contemporaneous Notes:

A

Written notes by a person at the

time or after the event (up to 7 days).

53
Q

Court terms and processes-

Evidence in chief:

A

Oral testimony of a sworn witness from

the witness box.

54
Q

Court terms and processes-

Committal Proceedings:

A

Preliminary hearing of an indictable matter in a lower court by a magistrate to determine if the prosecution has sufficient evidence against the accused to commit to trial.

55
Q

Court terms and processes-

Cross Examination

A

Person from the other party questions the witness/suspect.

56
Q

Court terms and processes-

Re-Examination:

A

Person from same party has an opportunity

to ask questions in relation to cross examination.

57
Q

Court terms and processes-

Serving of Brief (prima facie):

A

Providing an accused or legal representative a copy of the evidence.

58
Q

Court terms and processes-

Tendering of Evidence:

A

Evidence handed to magistrate to examine.

59
Q

What is duty of care?

A

Taking all reasonable steps to avoid acts or omissions which could be reasonable foreseen to harm a person/s.

As a Police officer: Take all reasonable steps to avoid an act or omission that might harm another.

60
Q

Who do we provide duty of care to?

A

All people of NSW.

61
Q

What does Reasonably foreseeable mean?

A

Something you can foresee happening.

62
Q

What does Unforeseeable mean?

A

Can not foresee what will happen.

63
Q

What is negligence?

A
  • Breaching the duty of care owed by one person to another.

- Failure to exercise reasonable care and skill.

64
Q

Negligence occurs when?

A

Action was or was not undertaken and the risk was:
• Foreseeable.
• Not insignificant.
• In the circumstances a reasonable person would have taken those precautions.

65
Q

Moral obligation becomes legal liability when?

A

A person/s is in custody. They are your responsibility, it is your responsibility to look after them.

66
Q

Police Act 1990 S. 213

A

(Protection from personal liability)
A member of the NSW Police Force is not liable for any injury or damage caused by act or omission, in the exercise of good faith of
a function imposed by this or any other Act or law whether written or unwritten.

67
Q

What is Custody?

A
  • Legal access and control over another person:
  • A person no longer free to come and go at will from the physical presence of a police officer.
  • The police officer has the intention and ability to actually prevent that persons departure.
  • Also extends to victims and witnesses.
  • IS LEGAL ACCESS+CONTROL.
68
Q

Do we have obligation to people not under our control?

A

Yes duty of care (slowing down in a car pursuit so no other persons get hurt).

69
Q

What do we do when there is a Breach of peace?

A

Remove someone for their safety or safety of others.

70
Q

What is a Protected suspect?

A

A person who is in the company of a police officer for the purposes of participating in a investigation procedure in connection with an offence if:

A. The person has been informed that he or she is entitled to leave at will and,

B. The police officer believes that there is sufficient evidence that the person has committed the offence.

71
Q

LEPRA S. 114 - Custody

A

(Detention After Arrest For Purposes of Investigation)
Police Officer has the power to detain and arrest a person for a period of time to investigate whether they committed an offence.
– After the investigation period, must be released or charged.

72
Q

LEPRA S. 115 - Custody

A

Investigation Period – “6 hours”
• Begins when the suspect is being investigated for an offence (Not from when being detained occurs).

• Ends at a time that is reasonable in regard to circumstances and does not exceed 6 hours.

73
Q

LEPRA S. 118 - Custody

A

Detention Warrant to Extend Investigation Period – “12 hours in total”
PO may apply for a warrant to extend the investigation period by a FURTHER 6 HOURS.

S. 134 LEPRA – Orders For Taking Identification Prints – Custody.

A court that finds a person guilty of an offence will be ordered to present themselves to a police station for the taking of identification particulars. Failure to comply will result in their arrest.
– This section allows us to take a full set of prints as opposed to field fingerprints (FCAN/FSCAN).

74
Q

LEPRA S. 136

A

(Identification Particulars of Children Under 14 Years)
(3) PO Sargent or above may apply for an order authorising taking particulars of a child under 14 years age:

  • Through the Children’s Court or if not possible within 72 hours of taking into custody.
  • Through a Magistrate, Children’s Magistrate or registrar of the Local Court.
75
Q

What is an arrest (TEA)?

A
  • TOTAL restraint of the personal liberty of another.
  • EFFECTIVE the moment a person is not free to come and go as he/she pleases.
  • AN officer plainly conveys by words or actions that a suspect is NOT FREE TO LEAVE.

If there is satisfaction from 99 1a but not 1b investigate proceedings via FCAN, Future Service CAN:
• Must at least have reasonable grounds to suspect the person is committing or has committed an offence to arrest.

76
Q

A lawful arrest must:

A

Must have S.99 1(a) + S.99 1(b)

• S.99 1(a) LEPRA:
(1) A police officer may, without a warrant, arrest a person if:
(a) the police officer suspects on reasonable grounds that the person is committing or has committed an offence, and,
• S.99 1(b) LEPRA = FINECHAPS
• Must IPE.

77
Q

FINECHAPS:

A

S.99 1(b) LEPRA
F - To stop the person fleeing from a police officer or from the location of the offence.
I - To enable enquiries to be made to establish the person’s identity if it cannot be readily established or if the police officer
suspects on reasonable grounds that the identity information provided is false.
N - Because of the nature and seriousness of the offence.
E - To preserve evidence of the offence or prevent the fabrication of evidence
C - To stop the person from committing or repeating the offence or committing another offence.
H - To prevent the harassment of, or interference with, any person who may give evidence in relation to the offence.
A - To ensure that the person appears before a court in relation to the offence.
P - To obtain property in the possession of the person that is connected with the offence.
S - To protect the safety and welfare of any person (including the person arrested).

78
Q

4 Reasons for Arrest: (BOWS)

A 
(BOWS):
1. Breach of Peace – Common Law 
2. Offence – s. 99 LEPRA 
3. Warrant – s. 101 LEPRA 
4. Specific Power 
• Breach of Bail (BA) 
• Conduct Breath Analysis (Sch. 3, Cl. 4 RTA)
79
Q

4 Elements of a Lawful Arrest:

ASOO

A
  1. Arrest for offence, warrant, BOP, specific power.
  2. Sufficient act of arrest to detain liberty of suspect.
  3. Officer notifies suspect they are under arrest.
  4. Officer notified the suspect as the reason(s) for arrest (s. 201 LEPRA).
80
Q

3 Methods of arrest: (SSW)

A

(SSW):

  1. Seizure or touching.
  2. Submission.
  3. Words or conduct by the officer stating the person/s is not free to go.
81
Q

Arrest powers acronym (POWAID)

S. 99 – S. 105 - LEPRA

A

P- Police officer – Without Warrant S. 99
O- Other Persons – Without Warrant S. 100
W- Warrant To Arrest S.101
A- At large Persons S. 102
I- Interstate Offences S. 104
D- Discontinue Arrest S. 105

82
Q

What are the alternatives to arrest?

A
  • No action.
  • Warning.
  • Penalty notice.
  • (FCAN) Field Court Attendance Notice.
  • (FSCAN) Future Service Court Attendance Notice.
83
Q

What does it mean to ‘IPE’?

A

Inform- Reason for exercise of power.
Provide- Name and place of duty.
Evidence- That you’re a police officer (Unless in uniform).

84
Q

When do you not need to IPE?

A
  1. Working in covert operation.
  2. Entering or searching public place.
  3. Speaking to a victim.
  4. Detain a intoxicated person.
85
Q

LEPRA P. 15 S. 201 – Police powers where IPE applies:

A

Powers that require IPE: stop, search, arrest, search vehicle, enter premises, seize property, request identity, general directions and establish crime scene

Powers that don’t require IPE: enter or search a public place, covert search warrant, detain an intoxicated person Part 16.

86
Q

S. 202 P. 15 LEPRA (Safeguards IPE):

A

PO to provide information when exercising powers.
- Evidence you’re a police office, Name/place of duty, Reason for exercise of power.

  • PO must IPE before giving direction or as soon as reasonably practicable to do so.
  • Direction etc. given to group, not necessary to repeat to all persons.
  • If 2 or more PO exercising power, only one PO required to IPE.
  • If person subject to exercise of power asks, PO must IPE.
87
Q

S. 203 P. 15 LEPRA (Safeguards IPE):

A

PO to give warnings.

PO must give warning to a person subject to exercise of power that they must:
• Required by law to comply and,
• Failure to do so may be an offence.
- Warning not required if they have already complied.

88
Q

S. 204A P. 15 LEPRA (Validity of exercise of

powers):

A

If the PO fails to provide their name or place of duty when exercising a power it does not render the exercise of the power unlawful or otherwise affect the validity of anything resulting from the exercise of that power.
• Does not apply if the failure to comply occurs after the police officer was asked for information.
• Does not apply to the exercise of a power that consists of a direction, requirement or request to a single person.

89
Q

S. 230 LEPRA - (Use of force in exercising a

power/function):

A

It’s lawful for a police officer exercising a function under this Act or any other Act or law in relation to an individual or a thing, and anyone helping the police officer, to use such force as is reasonably necessary to exercise the function.

90
Q

LEPRA - S. 231 P.18 (Use of force in making an arrest):

A

A Police officer or other person who exercises a power to arrest another person may use as much force as necessary to make the arrest or to prevent the escape of the person after arrest

91
Q

S. 105 P. 8 LEPRA - (Arrest may be discontinued):

A

A PO may discontinue an arrest in any of the following circumstances:
• If the arrested person is no longer a suspect or the reason for the arrest no longer exists.
• If it is more appropriate to deal with the matter in some other manner -

E.G. By issuing a warning or caution or a penalty notice or court attendance notice or, in the case of a child, dealing with the matter under the Young Offenders Act 1997 .

92
Q

What does it mean to ‘Suspect on reasonable grounds’?

A
  • Subjective- Police officers point of view.

* Objective- Would a reasonable person come to the same conclusion?

93
Q

How to Determine whether you have sufficient evidence to commence proceedings:

A

You will need to assess:
• Whether there’s some evidence to support each “proof” of offence.
• Whether it can or cannot be said that there’s “on reasonable grounds” Prospect of conviction.
• Whether it’s in the “public interest” to commence proceedings.

94
Q

What is ‘Prima Facie’?

A

(on the face of it) Is a case that looks like there is enough evidence to support the claim or charge before evidence from the defendant is taken into account.

95
Q

Parts of an ACT:

A
  • Definitions
  • Sections
  • Powers
  • Procedures
  • Offences
  • Penalties
  • Legal defences
96
Q

Property Damage - S.195 Crimes Act 1900 - Destroying or damaging property Part 1:

A

PART 1:

  1. The accused
  2. Intentionally or recklessly
  3. Destroys or damage property
  4. Belonging to another person or joint ownership

Imprisonment for 5 years
– Caused by fire or explosives = Imprisonment for 10 years.

97
Q

Property Damage - S.195 C Act 1900 - Destroying or damaging property Part 1(A):

A

PART 1(A):

  1. The accused
  2. In the company of another person or persons
  3. Intentionally or recklessly
  4. Destroys or damages property
  5. Belonging to another person or to the person and another.

Imprisonment for 6 years
– Caused by fire or explosives =
Imprisonment for 11 years.

98
Q

Property Damage - S.195 C Act 1900 - Destroying or damaging property Part 2:

A

Part 2

  1. The accused
  2. In the company of another person or persons
  3. Intentionally or recklessly
  4. During a public disorder
  5. Destroys or damages property
  6. Belonging to another person or to the person and another.

Imprisonment for 7 years
– Caused by fire or explosives =
Imprisonment for 12 years.

99
Q

Property Damage - S.195 C Act 1900 - Destroying or damaging property - TABLE 1 offences:

A

TABLE 1:
IF: Property value exceeds $5000
OR: Serious Injury (GBH or more)
OR: The offence is listed in Table 1 of Schedule 1 of the Criminal Procedure Act 1986.
Prosecution and Defence may opt for higher jurisdiction. (District Court, Supreme Court).

100
Q

Property Damage - S.195 C Act 1900 - Destroying or damaging property - TABLE 2 offences:

A

TABLE 2:
IF: Property value is less than $5000
OR: NOT a Serious injury (Less than GBH)
OR: The offence is listed in Table 2 of Schedule 1 of the Criminal Procedure Act 1986.
THIS MEANS: That the prosecution only may opt for higher jurisdiction. (District Court, Supreme Court).

101
Q

Property damage concepts:

A 
Concepts:
• Damage to property 
• Temporary functional derangement 
• Durden of proof 
• Recklessness 
• Test of foresight 
• Transfer of malice 
• Reasonable third person
102
Q

What defines Damage to property?

A

When property is damaged, it does not need to be totally ruined or destroyed for an offence of damage/destroy property to be
established. It is not able to be used for its intended purpose and must be repaired.

103
Q

What is ‘Temporary functional derangement’?

A

This relates to the minimum amount of damage that occurs and is rendered temporary unusable. It is the minimum amount of damage accepted by the courts.

E.g Does not count when if there is someone blocking it (e.g someone chained around a ship).

104
Q

What is the ‘Burden of Proof’?

A

Burden of Proof:
· Criminal: Beyond reasonable doubt, the burden lies with the prosecution.
· Civil: Balance of probabilities, burden lies with the plaintiff

105
Q

What is ‘Recklessness’?

A

A person foresees that a particular result may come about because of a specific action, and still goes ahead with the action
despite the potential consequences.

E.G. If a window gets destroyed in the process by throwing a bottle at someone, to prove destroy and damage we must establish Mens rea (they knew the window could break if the bottle was thrown).

106
Q

What is the ‘Test of foresight’?

A

The possibility of causing damage or injury, and then going ahead with that particular action anyway, regardless of the possible
outcome.

107
Q

What is ‘Transfer of malice’?

A

A person’s intent to damage property, or to injure another person, is transferred to an outcome that results in damage or injury caused to other property or to another person, even though the offender did not intend to cause the damage or injure
the person. The actual target or recipient is not the original intended target or recipient.

Like offences (intent to damage someone’s car but damaging someone else’s instead)

108
Q

Graffiti Control Act 2008 S.4 - Marking premises or property: (IMPORTANT)

A

(3) For the purposes of this section, a person commits an offence in “circumstances of aggravation” if the person intentionally marks the premises or other property:
(a) by means of any graffiti implement, or
(b) in such a manner that the mark is not readily removable by wiping or by the use of water or detergent.

Graffiti implement (Circumstance of aggravation)

(a) spray paint,
(b) a marker pen,
(c) any implement designed or modified to produce a mark that is not readily removable by wiping or by use of water or detergent.

109
Q

Elements of a Graffiti offence (Graffiti Control Act 2008 S.4):

A

Section 4 (1) elements:
• The accused, without a reasonable excuse or prior consent;
• Intentionally
• Marks any premises or property.
– Does not apply to the marking of any public footpath or public pavement with chalk
Maximum penalty: 4 penalty units.

Section 4 (2)
• All of the above elements
• Circumstance of aggravation
Maximum penalty: 20 penalty units or Imprisonment for 12 months.
– Must only send a person to prison if they have a previous graffiti conviction or possession of graffiti implement (S. 5 GTA)

110
Q

What are the elements of s.4(1) Graffiti control Act? (IMPORTANT)

A
  • The accused,
  • Without reasonable excuse or prior consent
  • Intentionally
  • Marks premises or property.

MODULE 1 (8 decks)

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