Intentionally mark premises or property without prescribed consent (graffiti): Police v JYL

Intentionally mark premises or property without prescribed consent, Section 4 Graffiti Control Act 2008 – plea of guilty – presence of several mitigating factors – non-conviction order, charges dismissed, Section 10 Crimes (Sentencing Procedure) Act 1999

Facts:

JYL was charged with one count of intentionally mark premises without consent, after she was spotted by police writing a poem on a wall in Newtown, in Sydney‘s inner city. The facts were unambiguous, and the matter proceeded to trial.

Outcome:

JYL pleaded guilty, and proceeded to sentencing.

During sentencing, it was submitted that JYL was an artist from overseas who was living in Australia to study film. JYL had no idea that writing on the wall was illegal, especially considering the prevalence of graffiti in Newtown. At the time of the incident, JYL had shown police an electronic copy of the poem she had been writing onto the wall.

Given all of these mitigating factors, JYL’s sentence did not proceed to conviction, and the charge was dismissed.

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