Going to Court? Book Your Free First Appointment

Saved Pages

Save pages and articles you’re most interested in to read later on.

Section 8B Graffiti Control Act 2008
Possessing Spray Cans by Under 18s

Section 8B of the Graffiti Control Act 2008 (NSW) is Possessing Spray Cans by Under 18s and is extracted below.

Call Sydney Criminal Lawyers® today on (02) 9261 8881 and let one of our experienced criminal lawyers advise and assist you.

Free first conference. All courts.

The Legislation

8B Possession of spray paint cans by persons under 18

(1) A person under the age of 18 years who is in possession of a spray paint can in a public place is guilty of an offence. Maximum penalty: 10 penalty units or imprisonment for 6 months.

(2) It is a defence (proof of which lies on the person in possession of the spray paint can) to a prosecution for an offence under this section that the person:

(a) had the spray paint can in his or her possession for a defined lawful purpose, being the lawful pursuit of an occupation, education or training, or
(b) had the spray paint can in his or her possession for another defined lawful purpose and was at or in the immediate vicinity of the place where the spray paint can was being used or intended to be used for that defined lawful purpose.

(3) In this section, a “defined lawful purpose” is:

(a) the lawful pursuit of an occupation, education or training, or
(b) any artistic activity that does not constitute an offence against this Act or any other law, or
(c) any construction, renovation, restoration or maintenance activity that does not constitute an offence against this Act or any other law, or
(d) any other purpose authorised by the regulations.

(4) The regulations may provide that this section does not apply to or in relation to any specified class or description of spray paint can.

(5) A court that convicts a person of an offence under this section must not sentence the person to imprisonment unless the person has previously been convicted of an offence under this section, or under section 4 or 5 (or under a repealed provision of the Summary Offences Act 1988 that corresponded to section 4 or 5), on so many occasions that the court is satisfied that the person is a serious and persistent offender and is likely to commit such an offence again. The corresponding provisions of the Summary Offences Act 1988 to sections 4 and 5, before their repeal by this Act, were sections 10A and 10B.

(6) In this section:“public place” means:

(a) a place (whether or not covered by water), or
(b) a part of premises,
that is open to the public, or is used by the public whether or not on payment of money or other consideration, whether or not the place or part is ordinarily so open or used and whether or not the public to whom it is open consists only of a limited class of persons, but does not include the premises of a school or other educational establishment.

Why Sydney Criminal Lawyers®?

Choosing the right legal team to defend your reputation and interests can be a difficult process.

However, it is always important to look at a firm’s experience and results when making this decision.

At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex criminal matters – so you can rest assured that you are in safe hands.

Our criminal law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.

Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’

Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.

We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.

For the best defence in your case, get the experts on your side today. Call us now on
(02) 9261 8881 and book your FREE first conference
with our criminal law specialists.

Going to Court? Call For Your Free First Appointment

Main Menu

Follow Us

Search Our Site enter search term and press GO

Saved Articles & Pages


Preferred date for conference
Preferred time for conference
Briefly describe your situation:
Do you have a court date?

Your Review & Rating * mandatory fields

Review Text *
Rating (optional)