What is Intentionally Mark Premises or Property?

This charge relates to graffiti offences. Therefore, it involves any intentional marking of property or premises. The maximum penalty is a fine of $440.

However, if the offence occurs in circumstances of aggravation, the maximum penalty is $2,200 or 12 months imprisonment. For more information on aggravated charges, see below.

Can I avoid a criminal record?

It is possible to avoid a criminal conviction for marking a premises or property. Similarly, it is possible to avoid a criminal conviction for an aggravated offence. The likelihood of this outcome depends on the seriousness of the offence and your subjective circumstances.

Will I go to jail?

It is a fine only offence. Therefore, it is not possible to go to jail, unless the offence occurs in circumstances of aggravation. 

It is possible to go to jail for an aggravated charge. However, not if it is your first charge. If in the past you have been charged with graffiti offences, you will only go to jail if a court is satisfied you are a serious and persistent offender. Therefore, the chances of going to jail for this offence are low.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

1. Intentionally marked property or a premise, 
2. Without consent, and
3. Without reasonable excuse

Additionally, the prosecution must prove the offence occurred in ‘circumstances of aggravation’, if you are charged with an aggravated offence.

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

What are ‘circumstances of aggravation’?

If you mark something with a graffiti implement it aggravates the offence. For instance, if you use a spray can. Similarly, the offence will be aggravated if the mark is not easily removable by wiping the surface or using water or detergent.