Wilful Damage And Graffiti Flashcards

1
Q

Define Wilful Damage

A

A deliberate OR Reckless act, without lawful justification, excuse or claim of right, resulting in the temporary or permanent reduction in value and/or usefulness of the property.

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2
Q

Define property

A

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

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3
Q

What are the elements of Wilful Damage?

A

Intentionally
Damages
Property

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4
Q

Define Recklessly

A

Aware of the potential consequences of ones action but continues to do that of which they were doing.

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5
Q

Define intentionally

A

Actions that are deliberate, wilfully and purposefully.

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6
Q

Define damages

A

Permanent or temporary reduction in the value or usefulness of property.

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7
Q

What are the practical action procedures when dealing with intentional damage complaints?

A

Use systematic approach, VAWSEEPO.
Prevent further damage from occurring and/or safeguard until owner is present.
Note or seize evidence of the offence.
Ascertain the value of the damaged property.
Request a court order for reparation with the summary of facts, include full amount payable and to whom.

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8
Q

Where is wilful damage found in legislation?

A

Summary of Offences Act 1981 section 11(1)(a) and 11(1)(b)

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9
Q

Define what is meant by the terms Graffiti, Vandalism and Tagging.

A

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.

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10
Q

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

A

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 for such purpose.

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11
Q

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

A
  1. It is illegal to SELL a spray can to an under 19yo, not to SUPPLY
  2. An age document was presented for the sale.
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12
Q

Define the method that spray cans must be stored to ensure compliance from the retailer with the Act.

A

It is an offence for shops to store spray cans in a way that public can access the items without the assistance of the retailers or occupier of that shop.

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