Property 1 Flashcards
Wilful Damage Act and Sections
Summary Offences Act 1981 Section 11(1)(a) and Section 11(1)(b)
Elements of Wilful Damage - Property, Section 11(1)(a)
- Intentionally
- Damages
- Property
Elements of Wilful Damage - Vegetation, Section 11(1)(b)
- Intentionally
- Sets fire to
- Any tree or vegetation
Define “intentionally”
Deliberate or reckless act without lawful justification, excuse or claim of right
Define “damages”
Temporary or permanent reduction in the value and/or the usefulness of the property
Define “property”
Something that belongs to another person and is capable of being damaged
Define “sets fire to”
Damages through use of fire
Define “any tree or vegetation”
Any growing plant
Graffiti Vandalism and Tagging Act and Sections
Summary Offences Act 1981
Section 11A and Section 11B
Elements of Graffiti Vandalism and Tagging, Section 11A
Without lawful authority
Without the consent of the occupier or owner or other person in lawful control
Damages or defaces
Any building OR any structure OR any road OR any tree OR any property OR any other thing
By writing, drawing, painting, spraying, etching or otherwise marking it
Elements Possession of Graffiti Implements, Section 11B
Without reasonable excuse
Has in his or her possession
A thing capable of being used to commit and offence against section 11A
In the circumstances in which it can be reasonably inferred that her or she intends to use it to commit such an offence
Maximum Penalty - Wilful Damage Section 11(1)(a)
3 months imprisonment or $2000 fine
Maximum Penalty - Wilful Damage Section 11(1)(b)
3 months imprisonment or $2000 fine
Timeframe for a prosecution to be commenced - Summary Offences Act 1981
Within six months
Timeframe for a prosecution to be commenced - Crimes Act 1961
No time limit
