Amateur photographer arrested for trespass and graffiti crimes

Graffiti Crimes: Entering Inclosed Land Without Lawful Excuse, Housebreaking Implement & Graffiti Offence​

Harry’s entered 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.

Police had charged him with

  • Entering inclosed land without lawful excuse,

  • Being armed with housebreaking implements,

  • and being in possession of graffiti implements

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Hearing at Children’s Court sees some charges withdrawn

Prior to his hearing, the charges for the graffiti offences were withdrawn by the police.

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 considered these submissions and ultimately accepted them. As a result, the Court cautioned HWC and dismissed the proceedings for the remaining offences.

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


O’Brien Criminal & Civil Solicitors
p: 02 9261 4281
a: Level 4, 219-223 Castlereagh St,
Sydney NSW 2000

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