Police charged Felix* with two offences relating to graffiti which together carry a maximum penalty of two years imprisonment. Felix was a teenage boy who had no previous criminal history.
Background to graffiti charge:
A witness saw Felix marking a wall known for tagging and murals. This witness reported Felix’s actions to the police. Officers arrived on the scene and questioned and subsequently searched him. They found two spray cans and two textas on his person. Later, on further investigation police obtained CCTV capturing Felix making the markings.
However, police let Felix go but contacted his parents, letting them know that they will be in contact and likely charge him. Felix’s parents subsequently contacted our firm for assistance.
Police eventually charged Felix and he pleaded guilty to two offences:
- intentionally mark premises
- possess graffiti implement
Issue: Should a teenager with no criminal history be convicted of graffiti offences?
Outcome: Magistrate dismisses graffiti charge
Felix’s matter proceeded directly to sentencing before the Children’s Court. Our criminal solicitor successfully advocated on his behalf for leniency, noting that it was his first time offending. Our argument swayed the Magistrate who dismissed both charges. In effect, this meant that the Court recorded no conviction and Felix still has no criminal record.
Felix, and his parents, were grateful for our assistance. They felt great relief with the outcome.
