Karteikarten
Aggravated Criminal Damage
Karten in diesem Stapel (10)
- 1WHAT STATUTE IS AGGRAVATED CRIMINAL DAMAGE HELD UNDER?S.1(2) CDA 1971
- 2WHAT IS THE AR OF AGGRAVATED CRIMINAL DAMAGE?D destroys/damages property belonging to himself or another
- 3WHAT IS THE FIRST THING NEEDEDbasic criminal damage
- 4BUT WHAT IS DIFFERENT?the property need not belong to another it can be Ds own property (MERRICK)
- 5WHAT ELSE MUST HAPPEN?D must intend or be reckless to life being endangered by the destruction/damage
- 6WHAT IS HELD IN STEER?the danger to life must be caused by the destruction/damage to the property, NOT MERELY Ds ACT (d fired 3 shots, at home, damage to house, endanger to life was from gun shooting not damage)
- 7WHAT IS HELD IN PARKER?there is NO REQUIREMENT that any life is in fact endangered, it's enough that D intends/is reckless to endangering life
- 8WHAT IS THE MR?D must intend/be reckless as to both the damage caused AND the risk to life it caused (s.1(2) CDA)
- 9WHAT DOESN'T APPLY?lawful excuse defence
- 10WHAT COULD D USE AS DEFENCE INSTEAD?ACD is specific intent offence and so could plead voluntary intoxication
Informationen
- Beschreibung
- A level Law (LAW04 PROPERTY) Karteikarten am Aggravated Criminal Damage, erstellt von Maisie Carroll am 22/03/2017.
- Erstellt von
- Maisie Carroll
- Aufrufe
- 0
- Bewertung