Wilful Damage

Question 1

What are the elements for wilful damage under the Summary of Offences Act 1981 S11(1)(a)?

Answer 1

Intentionally,
damages,
property.

Question 2

What are the elements for wilful damage under the Summary of Offences Act 1981 S11(1)(b)?

Answer 2

Intentionally,
Sets fire to,
Any tree or vegetation

Question 3

What section is your powers of arrest in?

Answer 3

Section 39(1) of the Summary of Offences Act 1981.

Question 4

What is the penalty for graffiti? (damage or deface any building, structure, road, tree, property “or other thing” by wiring, drawing, painting, spraying or etching “or otherwise marking it”)

Answer 4

Either community based sentence or a fine of up to $2000

Question 5

What is the timeframe for a prosecution to be commenced in SOA 1981 & CA 1961 ?

Answer 5

Summary Offences Act = within 6 months.

Crimes Act = sets no time limit.

Question 6

What does intentionally mean

Answer 6

A deliberate act (mens reus)

Question 7

What does recklessly mean

Answer 7

Without regard to the consequences.

Question 8

What is sufficient evidence

Answer 8

Witness statement 
Offender statement
Police officer actions/statements 
Forensic evidence
Exhibits
Photographs
CCTV footage