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Graffiti Instrument

Public Order Offences – QLD

Welcome to the QLD Graffiti Instrument article page. Everything you need to know about Graffiti Instrument according to QLD law – Dated: 09/01/2009

What the Law States according to QLD Law for Graffiti Instrument

According to QLD Law for the charge of Graffiti Instrument:

Sections 17 of the Summary Offences Act Queensland states:

(1) A person must not possess a graffiti instrument that-

  1. is reasonably suspected of having been used for graffiti; or
  2. is being used for graffiti; or
  3. is reasonably suspected of being about to be used for graffiti.

The Maximum Penalty – Graffiti Instrument

According to QLD Law for the charge of Graffiti Instrument:

The maximum penalty for this offence is 20 penalty units or 1-year imprisonment.

The court may whether it imposes any other penalty for the offence, order the offender-

  1. to perform community service under the Penalties and Sentences Act 1992, part 5, division 2 including, for example, removing graffiti from property; or
  2. to pay compensation to any person under the Penalties and Sentences Act 1992, part 3, division 4.

What the Police must prove according to QLD Law for Graffiti Instrument

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

  1. The accused is in possession of a graffiti instrument reasonably expected of having been used for graffiti; or
  2. The accused is in possession of a graffiti instrument being used for graffiti; or
  3. The accused is in possession of a graffiti instrument suspected of being about to be used for graffiti.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.

Possible Defences under QLD Law – Graffiti Instrument

Possible defences to this offence include but are not limited to

  1. The accused was not in possession of the graffiti instrument
  2. The graffiti instrument in the person’s possession was not connected to any involvement by the person in the preparation of the offence or in any criminal responsibility in relation to the offence.
  3. In QLD which court will hear the matter – Graffiti Instrument

    This matter is a simple offence which means it is dealt with in the Magistrates Court.

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