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 charged 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 arrested for the entry, the police found him to be in possession of marker pens and a hobbyist lock-pick set. 

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Hearing at Children’s Court sees some charges withdrawn

Prior to his hearing, the charges for the graffiti offences were withdrawn.

Appearing before the Surry Hills Children’s Court, our lawyer said that HWC should receive a caution and dismissal of the remaining offences, 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. HWC was cautioned by the Court, and proceedings for the offences were dismissed. 

Keywords:

  • 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

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

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