Wilful Damage

Question 1

Wilful damage type

Answer 1

S. 11 (1) (a) & (b) summary Offence Act 1981

Question 2

Wilful damage (a) elements

Answer 2

1. Intentionally
2. Damages
3. Property

Question 3

Wilful Damage (b) elements

Answer 3

1. Intentionally
2. Sets fire to
3. Any tree or vegetation

Question 4

Intentionally

Answer 4

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

Question 5

Damages

Answer 5

A permanent or temporary reduction in value or usefulness of any property

Question 6

Sets fire to

Answer 6

Damages through the use of fire

Question 7

Any property

Answer 7

Something belonging to another person that has the capability to be damaged

Question 8

Any tree or vegetation

Answer 8

Any growing plant

Question 9

Penalty of S11 (1) (a) & (b)

Answer 9

Maximum:
3 months imprisonment
And or
$2000 fine

Question 10

Statutory Limit of wilful damage

Answer 10

6 months

Question 11

Wilful Damage S.11A

Answer 11

Graffiti vandalism, tagging, defacing etc

Question 12

S11A elements

Answer 12

1. Damages or defaces
2. Any building, structure, road, tree, property or other thing
3. By writing, drawing, painting, spraying, etching or otherwise marking
4. Without lawful authority and
5. Without consent

Question 13

Wilful damage S.11B

Answer 13

Possession of graffiti implements

Question 14

S.11B elements

Answer 14

1. Without reasonable excuse
2. Has in possession
3. A thing capable of being used to commit an offence against S.11A
4. Reasonably inferred intent to use it to commit such offence

Question 15

Penalty for S11A

Answer 15

Community based sentence
And/or
$2000 max fine

Question 16

Penalty for S.11B

Answer 16

Community based sentence
And/or
$500 max fine

Question 17

When damage done was serious/of large value

Answer 17

Consider ‘intentional damage’ charge, this has a higher penalty and does not have a statutory limit