Graffiti Lawyer Gold Coast
Graffiti is treated seriously in Queensland. It can be charged as wilful damage, with a maximum penalty of 7 years' imprisonment, and a finding of guilt generally requires the court to order graffiti removal work.
As a former Crown Law prosecutor with more than 25 years in legal practice, Gold Coast barrister David Cole advises and represents people charged with graffiti offences across Queensland.
To discuss a graffiti charge, call David on 0407 322 955 or (07) 5630 4000.
Facing a Graffiti Charge? Speak With David Cole.
Get advice about the charge, possible penalties and your options before deciding how to proceed.
Graffiti Offence Legal Services
David acts for clients throughout a graffiti matter, including:
- Advice before speaking with police
- Graffiti charged as wilful damage
- Possession of a graffiti instrument charges
- Guilty pleas and sentencing
- Sentencing submissions, including on whether a conviction is recorded
- Contested hearings and trials
If police have contacted you about graffiti, it is wise to get legal advice before answering questions. Your rights in a police interview include speaking with a lawyer in private.
Contacted by police, or unsure how to respond to a charge? Call David on 0407 322 955 before you answer any questions.
Is Graffiti a Criminal Offence in Queensland?
Yes. Section 469 of the Criminal Code makes it an offence to wilfully and unlawfully destroy or damage property. Graffiti is prosecuted under that section as a form of wilful damage. It is treated as a special case, with a higher maximum penalty, when the property is in or visible from a public place and the damage is caused by spraying, writing, drawing or marking with paint or another marking substance, or by scratching or etching.
The offence is not limited to public walls and buildings. Graffiti on a private fence, garage door or shopfront that faces the street can also fall within the special case.
What Penalties Apply to Graffiti in QLD?
Graffiti dealt with as the special case of wilful damage carries a maximum penalty of 7 years' imprisonment. For wilful damage generally, the maximum is 5 years.
Whether the special case applies can itself be an issue. If the property was not in or visible from a public place, the higher maximum does not apply.
These maximums are upper limits, and the sentence imposed reflects the particular case. In deciding the penalty, the court must consider a range of matters. These include the seriousness of the offence and the harm it caused, the person's age, character and criminal history, and whether and when they pleaded guilty.
Alongside any other penalty, a court may require unpaid community service, such as cleaning off graffiti, and may order compensation for the damage. An offender levy is also generally payable when an adult is sentenced.
Possession of a Graffiti Instrument
Possessing spray paint, a marker or another graffiti instrument can be an offence in certain circumstances. Under section 17 of the Summary Offences Act 2005 (Qld), this applies where the instrument is being used for graffiti, or is reasonably suspected of having been used, or being about to be used, for graffiti.
The maximum penalty is 20 penalty units or 1 year's imprisonment. A defence is available where the charge relies on a suspicion of past use. In that case, the person must prove their possession was not connected with any involvement in preparing the offence, or with any criminal responsibility for it. Community service and compensation orders are also available for this offence.
Graffiti Removal Orders
A graffiti removal order requires the person to carry out unpaid work removing graffiti. Under section 110A of the Penalties and Sentences Act 1992 (Qld), the court must make this order when it convicts a person of a graffiti offence. This applies whether or not a conviction is recorded. The Act provides an exception where the court is satisfied that a physical, intellectual or psychiatric disability means the person cannot comply.
For people aged 17 and over, an order can require up to 40 hours of unpaid work, which must be completed within 1 year or another time allowed by the court.
Conditions apply while the order is in force. These include reporting to an authorised corrective services officer, following reasonable directions and notifying the officer of any change of residence or employment within 2 business days.
Before you enter a plea, speak with David on 0407 322 955 about how a removal order and other penalties may apply to you.
Will a Graffiti Charge Go on My Record?
Not necessarily. When sentencing, the court may decide not to record a conviction. Section 12 of the Penalties and Sentences Act 1992 (Qld) requires the court to weigh up the circumstances of the case. These include the nature of the offence, the person's age and character, and the likely impact of a conviction on their wellbeing and employment prospects.
Even without a recorded conviction, the court must still make a graffiti removal order. The benefit is that the effect on your employment, licences and travel can be more limited. David can make submissions to the court about recording a conviction and about the penalty that should apply.
Why Choose David Cole?
Based in Bundall on the Gold Coast, David handles graffiti matters as part of his broader criminal law practice. Clients deal with David personally, from the first conversation through to any court appearance, and receive clear, concise advice about where they stand.
Clients benefit from:
- More than 25 years' legal experience
- Previous experience prosecuting matters in courts across Queensland for Crown Law
- The ability to appear in the Magistrates, District and Supreme Courts
- Professional memberships including the Bar Association of Queensland and the Gold Coast Bar Association
Speak With a Graffiti Lawyer
From an initial police approach through to sentencing, David can guide you through each step of a graffiti matter and explain the orders the court may consider.
Discuss your graffiti charge with David Cole in confidence. Phone 0407 322 955 or (07) 5630 4000, or enquire online.
Discuss Your Graffiti Charge With David Cole.
Speak directly with David about the allegation, the possible court orders and the options available in your circumstances.
Frequently Asked Questions
Is vandalism a crime in Queensland?
Yes. Damaging or defacing property, often called vandalism, is dealt with in Queensland as wilful damage. Graffiti is one form of it.
What if the owner gave permission for the graffiti?
Wilful damage requires the damage to be unlawful, and the owner's consent is relevant to that question. For graffiti, however, the law presumes the damage was done without the owner's consent unless the contrary is proved. If you had permission, raise it with your lawyer early and keep any evidence of it.
Can the court take my phone over graffiti?
Yes, in some cases. If an adult is convicted of graffiti under section 469, the court may order that certain items be forfeited to the State. This applies to a phone, camera, computer or other item used to record, store or transmit images of the offence. Whether to make the order is a matter for the court.