Offences One

Question 1

Wilful Damage

Act

Answer 1

Section 11 Summary Offences Act 1981

Question 2

Wilful Damage
Section 11(1)(a) Elements

Answer 2

Intentionally
damages
property

Question 3

Wilful Damage

Penalty

Answer 3

Maximum penalty is 3 months imprisonment or $2000 fine

Question 4

Wilful Damage

Power of Arrest

Answer 4

Power of arrest is in section 39(1) of the Summary Offences Act 1981

Question 5

Wilful Damage

More serious cases?

Answer 5

Section 269 of the Crimes Act 1961

Question 6

Graffiti, vandalism, tagging, defacing

Act

Answer 6

Section 11A, Summary Offences Act

Question 7

Graffiti, vandalism, tagging, defacing

Offence

Answer 7

He or she 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,

• without lawful authority; and
• without the consent of the occupier or owner or other person in lawful control

Question 8

Possession of graffiti implements

Act

Answer 8

Section 11B, Summary Offences Act

Question 9

Possession of graffiti implements

Offence

Answer 9

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 10

Possession of graffiti implements

Penalty

Answer 10

Sentence of community work or a fine not exceeding $500, or both.

Question 11

Graffiti, vandalism, tagging, defacing

Penalty

Answer 11

Community-based sentence or a fine not exceeding $2000, or both.

Question 12

Sale of spray cans to people under 18

Act

Answer 12

Section 14A Summary offences (tagging and graffiti vandalism) amendment act

Question 13

Sale of spray cans to people under 18

Offence

Answer 13

To sell a spray can to a person under 18 years of age.

• Educational institute can sell to students IOT complete course work.
• Have defence if age document was presented and defendant believed on reasonable grounds age document showed that the buyer was 18+
• Not an offence to supply a spray can to person under 18 but could be charged as a party to defacing.

Question 14

Sale of spray cans to people under 18

Penalty

Answer 14

Fine up to $1500

Question 15

Access to spray cans in shops to be restricted

Act

Answer 15

Section 14B Summary offences (tagging and graffiti vandalism) amendment act

Question 16

Access to spray cans in shops to be restricted

Offence

Answer 16

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.

Question 17

Access to spray cans in shops to be restricted

Penalty

Answer 17

Non-compliance may result in a fine up to $1500

Question 18

Wilful Damage
Section 11(1)(b) Elements

Answer 18

Intentionally
Sets fire to
Any tree or vegetation

Question 19

Fighting in a public place

Act

Answer 19

Section 7

Summary Offences Act 1981

Question 20

Fighting in a public place

Penalty

Answer 20

$1000 fine

Question 21

Fighting in a public place

Elements

Answer 21

Fights

In a public place