Victorian offender avoids jail for Paradise Falls desecration
David James Allen, 25, has avoided jail after pleading guilty to wilful and criminal damage at Paradise Falls, a culturally significant site on Taungurung country in Victoria’s Alpine National Park.
Allen was sentenced at Wangaratta Magistrates’ Court to a two-year community corrections order and 240 hours of community work. He pleaded guilty in April to charges of wilful and criminal damage relating to graffiti at Paradise Falls, south east of Wangaratta.
Key Points
- David James Allen, 25, sentenced to a two-year community order
- Pleaded guilty in April to wilful and criminal damage at Paradise Falls
- Graffiti spanned 10 metres by two metres at the sacred site
- Traditional owner reported distress; specialised conservation still required
- Cleanup ongoing; costs undetermined but expected to be large
- Magistrate condemned desecration; Instagram “apology” identified by police
- Co-accused Jarrod Waddington’s matter adjourned until July 20
In his remarks, Magistrate Ian Watkins said Allen had “seriously underestimated the seriousness of the criminal damage at Paradise Falls”. He condemned the offending in strong terms, describing the vandalism as an affront to community values and culture.
“It wasn’t a work of art, it was an act of desecration of a sacred site, and I think you are now starting to appreciate the impact of that on the community,” Magistrate Ian Watkins said.
The court was told Allen was embarrassed by his actions after learning he had vandalised a sacred site. Lawyers told the court he identified as an Aboriginal person but had no active connection to his Aboriginality due to family circumstances.
Magistrate Watkins said Allen’s judgement was impaired by his previous use of methylamphetamine and cannabis.
Police investigators located an “apology” posted to Allen’s Instagram account soon after the graffiti was discovered. The court was also told Allen had struggled to find housing since 2023, had been dealing with depression, and had a criminal history related to graffiti and theft.
How the vandalism occurred
Prosecutors told the court that on May 2 last year, Allen travelled from Hastings with another man, Jarrod Waddington, to Paradise Falls. The pair sprayed graffiti measuring 10 metres wide and two metres high. Prosecutors said the intent was to take a photograph of their tags with a waterfall in front of them, even though the area was dry and the waterfall was not running.
The graffiti was discovered at the culturally significant site on May 12, 2025. The court heard the clean-up was still ongoing and the repair bill had not yet been determined, but would “be large”. As of February, the repair process had not been completed.
Impact on sacred site and ongoing repair
A victim impact statement from traditional owner and chair of the Taungurung Land and Waters Council (TLaWC), Kaley Nicholson, outlined the site’s cultural significance, including dreaming stories associated with the area. She said the location features natural shelter suitable for women’s business and areas where archaeological materials, such as tools evidencing occupancy, can be found.
Ms Nicholson said specialised conservation approaches would be required due to the sensitive nature of the conglomerate rock surface at the site. She added that discussions about rectifying the damage left her feeling bewildered, as her community now had to figure out how to fix a problem they did not create.
Co-accused Waddington was also due to appear at Wangaratta Magistrates’ Court, but his matter was adjourned until July 2.
