Wilful damage

Question 1

What are the elements of wilful damage?

Answer 1

Intentionally

Damages

Property

Question 2

Define the following terms:

− intentionally

Answer 2

A deliberate act, without lawful justification, excuse or claim of right.

Question 3

Define the following term:

− recklessly

Answer 3

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.

Question 4

Define the following term:

− property

Answer 4

Something that belongs to another person and is capable of being damaged.

Question 5

Define the following term:

− damages.

Answer 5

Temporary or permanent reduction in the value and/or

usefulness of the property.

Question 6

Outline practical action procedures for dealing with intentional damage complaints.

Answer 6

Use the Systematic Approach Model in the order most appropriate (VAWSEEPO).

Prevent further damage occurring or safeguard property until the owner or agent is present.

Note or seize evidence of the offence.

Find out the value of the damaged property. This can be done by obtaining a quote for the full cost of replacement or repair.

Question 7

Identify the Act and section for wilful damage.

Answer 7

Summary Offences Act 1981 Section 11(1)(a)

Question 8

Define what is meant by the terms graffiti vandalism and tagging.

Answer 8

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.

Question 9

Outline the circumstances that must exist for it to be an offence to be in possession of graffiti implements.

Answer 9

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.

Question 10

Outline two defences available where spray cans are sold to persons under 18 years of age / for use by such persons.

Answer 10

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.

Question 11

Define the method that spray cans must be stored to ensure that a retailer is complying with the Act.

Answer 11

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.