Posting Bills and Defacing Property

Police Interview

Police might ask you for an interview in relation to this offence. If they do, it is important to know your rights and to familiarize yourself with the process prior to going to the interview. We can help you navigate this process and answer your questions.

Pleading Not Guilty

If you have been charged with posting bills or defacing property and think this charge is incorrect, it is important to engage a lawyer who can work through the charge and evidence with you. If you are charged with this offence, we can work with you and consider relevant factors such as whether you had consent to post a sticker.

Pleading Guilty

Where you accept the charge and plead guilty it is important to have a lawyer to assist you. We deal with these types of summary offences regularly and can help you navigate the court system. We are also familiar with the penalties available for this offence and would ensure you receive an appropriate sentence.

Sentencing

Sentencing in the Magistrates’ Courts of Victoria

Which court will the case be heard in?

This is a summary offence only dealt with in the Magistrates’ Court.

What is the legal definition of Posting Bills and Defacing Property?

Section 10 of the Summary Offences Act 1966 makes it an offence for ‘any person who posts any placard bill sticker or other document on or writes or paints on or otherwise defaces any road bridge or footpath or any house building hoarding wall fence gate tree tree-guard post pillar hydrant fire-alarm petrol pump or other structure whatsoever without the consent of the occupier or owner of the premises concerned or of any person or body having authority to give such consent shall be guilty of an offence’.

Examples of Posting Bills and Defacing Property

• Posting a placard over a billboard
• Posting a placard over a shop wall
• Posting a placard over a bus stop shelter

Legislation

The legislation for this offence can be found on section 10 of Summary Offences Act 1966.

Elements of the offence

To prove this charge the Prosecution must show that the accused:

1. posted a placard bill sticker or any other form of document containing advertising as listed in the section
2. or otherwise defaced the property of another person without authorisation or the consent of the owner

As this is a strict liability offence, the Prosecution do not have to prove any intention.

Defences

A person charged with this offence can rely on the following defences:

• The owner of the property gave their consent
• Factual dispute
• The Police cannot prove the accused posted the bill

Questions in cases like this

• Did you post the placard?
• Do the Police have the wrong person?
• Did you have permission to post the placard?

“Can you prove that you had consent to post the placard?”

If you have been charged with this offence, you should call us to discuss your case with one of our experienced criminal lawyers. Deciding on whether to plead guilty or not has huge implications for you and should be made after proper discussions with a criminal lawyer.

Maximum penalty for section 10 of the Summary Offences Act 1966

The charge of Posting Bills and Defacing Property (s10 of the Summary Offences Act 1966) may result in a fine of 15 penalty units (around $2,400) or imprisonment for 3 months.