Wilful Damage And Graffiti

Question 1

Define Wilful Damage

Answer 1

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.

Question 2

Define property

Answer 2

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

Question 3

What are the elements of Wilful Damage?

Answer 3

Intentionally
Damages
Property

Question 4

Define Recklessly

Answer 4

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

Question 5

Define intentionally

Answer 5

Actions that are deliberate, wilfully and purposefully.

Question 6

Define damages

Answer 6

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

Question 7

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

Answer 7

Use systematic approach, VAWSEIPO.
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.

Question 8

Where is wilful damage found in legislation?

Answer 8

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

Question 9

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

Answer 9

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 10

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

Answer 10

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.

Question 11

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

Answer 11

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.

Question 12

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

Answer 12

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.