Wilful Damage Flashcards
ELEMENTS of Wilful Damage + Penalty
Summary of Offences Act 1981 Section 11 (1) (b)
- Intentionally
- Sets fire to
- Any tree or vegetation
Penalty = 3months/$2,000 fine
ELEMENTS of Wilful Danage + Penalty
Summary of Offences Act 1981 Section 11 (1) (a)
- Intentionally
- Damages
- Property
Penalty: 3 months/$2,000
Define Intentionally
A deliberate or reckless act
Without lawful justification
Excuse or
Claim of right
Define Recklessly
Where possible consequences are foreseen but continue to act regardless of that risk. (not intended or desired)
ie. Lighting a fire in dry area with chance it will spread
Define Property
Something belonging to another person that is capable of being damaged
Define Damages
Temporary OR Permanent reduction in value and uselfullness
Procedure in investigating Wilful damage
- VAWSEEPO
- Prevent further damage
- Seize/note evidence
- Find out value of damaged/defaced property
ie. quote from owner
Graffiti vandalism, tagging and defacing
Act, section and penalty?
Summary of dDefences Act 1981 Section 11A
Penalty: Comm based sentence/$2,000
Possession of Graffiti implements
Act, section and penalty?
Possession with intention
Summary of defences Act 1981 Section 11B
Penalty: Community work/$500
Sale of Spray cans to under 18yrs
Act, section and penalty?
Summary of Defences Act 1981 Section 14A
Penalty: $1,500
Failure to keep spray cans out of reach
Act, section and penalty?
Summary of Defences Act 1981 Section 14B
Penalty: $1,500
Two defences available for selling spray cans to under 18 yrs
- Educational institute/school work
2. Fake ID - seller thought the age documentation was believable on reasonable grounds
Graffiti, vandalism, tagging elements
- Without lawful authority
- Without consent from occupier
OR person in control - Damages or defaces
- Any building OR..
- By writing, drawing, panting, spraying
