Karteikarten
CRIMINAL DAMAGE
Karten in diesem Stapel (27)
- 1WHAT IS SIMPLE CRIM DAM S1(1)OFFENCE TO
DESTROY DAMAGE
PROPERTY
BELONGING TO ANOTHER
INTENDING/RECKLESS - 2S1(2)AGG. CRIM DAM WITH INTENT TO ENDANGER LIFE/ BEING RECKLESS
- 3When is crim dam a summary offence? When is it fixed penalty notice What if agg? Can crim dam be attempted?Less than 5k
Up to 300
Indict.
Y although general rule is summary no - 4What is the definition of DESTRUCTION Is there any need for damage to be PERMANENT?Rendered useless
NO CAN BE TEMPORARY E.G. drawing with chalk on floor and spitting on cell wall - 5What is considered PROPERTYREAL PROPERTY (INC land e.g. digging up land in neighbors garden)
PERSONAL
MONEY
WILD CREATURES - TAMED - 6What is NOT considered PROPERTYMUSHROOMS
FLOWERS
FRUIT
FOLIAGE
GROWING WILD ON PRIVATE/public LAND - 7Is digging up neighbours land crim dam? Is destroying plants planted by neighbour, offence?Yes, land is considered property unlike theft
Y - 8If PROPERTY belongs to someone? what does this meanCUSTODY or CONTROL over it
PROPRIETARY RIGHT
CHARGE on it - 9Can you destroy OWN PROPERTY under S1?GENERAL RULE is cannot DESTROY OWN PROPERTY unless
JOINT OWNERSHIP OVER PROPERTY(belongs to both)
Can't destroy own UNLESS AGGRAVATED w INTENT TO ENDANGER LIFE - 10What is mens rea for crim dam (inc w intent to endanger)?INTENTION TO DESTROY
RECKLESS - 11What is SUBJECTIVE RECKLESSNESS?Foresee a risk
and go ahead with the risk - 12If someone shoots a bullet through a window and it hits someone. Is this crim dam with intent to endanger life?No. Endangering life must be as a result of the crim damage. The crim damage was to the glass and this did not endanger life, the bullet did
- 13Can you crim dam w intent to endanger own life?No. Only life of another
- 14ARSON S1(3)Offence to
DESTROY/DAMAGE PROPERTY
BELONGING TO ANOTHER
BY FIRE
INTENDING/RECKLESS
OR AGGRAVATED. INTEND TO ENDANGER LIFE - 15Does the value of destruction caused by arson matter? If there is a death caused by arson, what would be the offences?No
Offence of arson and constructive manslaughter - 16S2 THREATS TO DESTROY/DAMAGE PROPERTYOFFENCE TO MAKE THREATS TO ANOTHER
INTENDING FOR VICTIM TO FEAR
DESTROY/DAMAGE PROPERTY
BELONGING TO ANOTHER
OR TO ENDANGER LIFE - 17Is it an offence to say 'I'll smash your friend's windows?'Yes, inc threats to 3rd party
- 18s3 ARTICLESOFFENCE TO HAVE/PERMIT ANOTHER TO USE
ARTICLES
WITH INTENT
TO DESTROY/DAMAGE PROPERTY - 19THREATS TO DESTROY When is the offence complete? Does the vic acc need to believe threat? Did the SUS have to believe he would carry out the threat?When threat is made with INTENT THAT vic BELIEVES THREAT
Irrelevant if vic acc believes only INTENT matters
NO. only that wanted vic to believe - 20custody or control of article? Need it be jus physical? Is an intention to allow friend to use article for offence an offence?no constructive possession e.g. locked in garage at home
Y - 21Is keeping an article 'just in case' an offence?Y.
- 22what are 2 defences for CRIM DAM, THREATS TO DESTROY, HAVING ARTICLES?Consent - in circumstances
Protection - if believed in IMMEDIATE NEED OF PROTECTION OF PROPERTY - 23Give example of consent to crim dam? What must the belief be? WHat if honestly mistaken?Someone sees a bird trapped in window on hot day. Thinks will die if not released through breaking of glass. Believes owner would've reasonably consented
HONESTLY HELD BELIEF. Doesnt matter if mistaken - 24Does consent of god constitute a defence?No
- 25Give an example of crim dam with defence of PROTECTING PROPERTYLeak in house. From tap running upstairs in neighbours. Neighbours on holiday for a week. Have to force in door to close the tap
- 26Give an example of NO IMMEDIACY of riskBreaking down a fence to nuclear base to avert risk of holocaust but NO IMMEDIATE RISK OF WAR
- 27IN TERMS OF USING A DEFENCE FOR DESTRUCTION OF PROPERTY WHAT MUST THE USE OF FORCE BE?Proportionate and reasonable
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- NIE (PROPERTY OFFENCES) Karteikarten am CRIMINAL DAMAGE, erstellt von Isa - am 28/02/2020.
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