Graffiti sprayer on ladder

Graffiti crimes: Entering inclosed land without lawful excuse, housebreaking implement & graffiti offence: R v HWC

Graffiti sprayer on ladderAmateur photographer arrested for trespass and graffiti crimes

HWC was a young person. Police had charged him with

  • entering inclosed land without lawful excuse,
  • being armed with housebreaking implements,
  • and being in possession of graffiti implements

The charges arose from HWC’s entry into a Sydney City construction site to take photographs. When police arrested him for the entry, the police found him to be in possession of marker pens and a hobbyist lock-pick set. 

In this instance, the maximum penalties for the offences included upwards of $1000 in fines and seven years imprisonment.

Hearing at Children’s Court sees some charges withdrawn

However, prior to his hearing, police withdrew the charges for the graffiti offences.

Subsequently, appearing before the Surry Hills Children’s Court, in Sydney, our criminal defence lawyer said that HWC should receive a caution and dismissal of the remaining offences. This would be pursuant to section  31 of the Young Offenders Act.

Supporting submissions outlined the

  • relatively innocent motivations for entering the inclosed lands (to take photographs),
  • HWC’s lack of criminal history,
  • and the lack of damage to the construction site. 

The Presiding Magistrate accepted these submissions. Consequently, the Court cautioned HWC, and dismissed the proceedings for the offences. 

Keywords associated with this case:

  • young person;
  • criminal offence;
  • no prior criminal history;
  • Surry Hills Children’s Court;
  • Section 5 Graffiti Control Act 2008;
  • possession of graffiti implement;
  • Section 114(1)(b) Crimes Act 1900;
  • being armed with intent to commit indictable offence (housebreaking implement);
  • Section 4 Inclosed Lands Protection Act 1901;
  • unlawful entry on inclosed lands;
  • Section 31 Young Offenders Act;
  • caution by Courts
  • R v HWC:
  • Entering inclosed land without lawful excuse,
  • housebreaking implement
  • graffiti offences
  • caution and dismissal pursuant to Section 31 Young Offenders Act
  • dismissal
  • charges withdrawn

O’Brien Criminal and Civil Solicitors are able to defend your criminal charges anywhere in Australia. Please don’t hesitate to contact us today on 02 9261 4281 or by email at

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