W2 OF06 Wilful damage Property 1 Flashcards
Define Intentionally
Intentionally - proven by: a deliberate act, without lawful justification, excuse or claim of right.
or
A reckless act (where the possible consequences are foreseen but continues the act regardless of the risk), without lawful justification, excuse or claim of right.
The elements of wilful damage are ..
- intentionally
- damages
- property
or
- intentionally
- sets fire to
- any tree or vegetation
Define Recklessly
where the possible consequences are foreseen but continues the risk regardless of the risk
Define Property
something that belongs to another person and is capable of being damaged.
Define Damages
temporary or permanent reduction in the value and or usefulness of the property
What are the practical procedures for dealing with an offence of intentional damage
Use the Systematic approach. VAWSEEPO
• Prevent further damage occurring or safeguard property until the owner or agent is present.
• Note or seize evidence of the offence.
• Ascertain the value of the damaged property.
• Request a court order for reparation in the Summary of facts.
Include a reparation schedule with full details of the amount of the reparation and to whom it is payable.
What is the Act and Section for Wilful Damage?
The Summary Offences Act 1981 section 11(1)(a) and 11(1)(b)
What is the definition of Graffiti vandalism and Tagging?
Graffiti vandalism and tagging are defined as damaging or
defacing any building, structure or property by writing,
painting, spraying or etching on to that property.
Outline the circumstances that must exist for it to be an offence to be possession of graffiti implements
It is an offence to be in possession of graffiti implements in circumstances in which it can be reasonably inferred that the possessor intends to use the item/s for such purpose.
What are the two defences available where spray cans are sold to a person under the age of 18
Section 14A makes it an offence attracting a fine of up to $1,500 to sell a spray can to a person under 18 years
of age.
There are defences where the spray can is sold by an educational institution to its students to enable them to complete course work.
or
where an age document has been presented and the defendant believed on reasonable grounds that the document was an age document, related to the buyer and showed that the buyer was over 18.
Explain the method that spray cans must be stored to ensure the retailer is complying with the Act
Section 14B of the Summary Offences Act 1981 dictates that 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. This does not mean that the spray cans must be locked in cabinets.
What is wilful damage?
In most cases there will be an obvious intentional act of damaging someone’s property without authority. In some cases, however, there will be disputed ownership, joint ownership or alleged authority to commit acts of damage.
What is the Act and section of wilful damage?
The offence of Wilful Damage is found in the Summary Offences Act 1981 Section 11(1)(a) and 11(1)(b).
What is the definition of Graffiti vandalism and tagging?
Graffiti vandalism and tagging are defined as damaging or defacing any building, structure or property by writing, painting, spraying or etching on to that property.
Outline the circumstances that must exist for it to be an offence to be in possession of graffiti implements
It is an offence to be in possession of graffiti implements in circumstances in which it can be reasonably inferred that the possessor intends to use the item/s for such purpose.
What are the two defence’s available where spray cans are sold to a person under the age of 18?
Section 14a makes it an offence attracting a fine of up to $1500 to sell a spray can to a person under 18 years of age.
There are defences where the spray can is sold by an educational institution to its students to enable them to complete course work
OR
or where an age document has been presented and the defendant believed on reasonable grounds that the document was an age document, related to the buyer and showed that the buyer was over 18.
Explain the method that spray cans must 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 without the help of the occupier, or an agent or employee of the occupier. This does not mean that the spray cans must be locked in cabinets.
Wilful Damage section
Section 11 SOA 1981
Wilful Damage POA
Section 39 (1) POA 1981 (good cause to believe)
Wilful Damage
- Fire Section
Section 11(1)(b), Summary Offences Act 1981
Wilful Damage
- Property Section
Section 11 (1) (a), Summary Offences Act 1981
Sets fire to
Definition
Damages through use of fire
Graffiti (Action)
-Section
Section 11A, Summary Offences Act 1981
Possession of Graffiti implements-
Section
Section 11B Summary Offences Act 1981
wilful damage
- Penalty
Up to 3 months, or up to $2000
Graffiti (Action)
- Penalty
Community-based sentence or up to $2000, or both
Possession of graffiti Implements-
Penalty
Community work, or Up to $500, or Both
Sale of Spray cans-
Section
Section 14a, Summary Offences Act 1981
Access to spray cans in shops - Section
Section 14B, Summary Offences act 1981
Sale of Spray cans
- Elements
Sell spray can to person under 18
Sale of Spray-can
- Defence
up to $1500
Access to spray cans-
Law
Must be stored out of reach of the public
does not have to be locked away
More serious Wilful damage
- Offence
Section 269 Crimes Act 1961
No time limit for commencing proceedings
Wilful Damage
- Statute
6 Months
