Willful Damage

Question 1

Elements of willful damage

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

Answer 1

Intentionally
Damages
Property

Question 2

Elements of willful damage

Summary Offences act 1981 Section 11(1)(b)

Answer 2

Intentionally
Sets fire to
Any Tree or Vegetation

Question 3

Define Intentionally

Answer 3

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

Answer 4

Temporary or permanent reduction in the value and/or

usefulness of the property

Question 5

Define Property

Answer 5

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

Question 6

What Act and Section Does willful damage Fall Under?

Answer 6

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

Question 7

Define Graffitti vandalism and Tagging

Answer 7

damages or defaces any building,
structure, road, tree, property, or other thing by writing, drawing, painting, spraying, or etching on it, or otherwise marking it,

Question 8

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

Answer 8

A person is liable to a sentence of community work or a fine not exceeding $500, or to both, if without reasonable excuse he or she has in
his or her possession a thing capable of being used to commit an offence against section 11A (graffiti, tagging, etc.) in circumstances in which it can reasonably be inferred that he or she intends to use it to commit
such an offence.

Question 9

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

Answer 9

There are defences where
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 10

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

Answer 10

Section 14B dictates that 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