Karteikarten
CRIMINAL DAMAGE BY ARSON
Karten in diesem Stapel (12)
- 1UNDER WHAT SECTION IS IT GOVERNED UNDER IN THE CRIMINAL DAMAGE ACT 1971?S.1 (3)
- 2LAWFUL EXCUSE UNDER 2.5 OF CDA 1971...
- 3S. 5 (2)SETS OUT 2 INSTANCES OF WHAT CAN AMOUNT TO A LAWFUL EXCUSE IN RELATION TO CRIMINAL DAMAGE
- 4S.5(2) (a)COVERS BELIEF IN CONSENT
- 5S.5 (2) (b)COVERS BELIEF THAT PROPERTY WAS IN IMMEDIATE NEED OF PROTECTION
- 6S.5 (3)- BY VIRTUE OF S.5(3) THESE 2 PROVISION ARE ENTIRELY SUBJECTIVE IN THEIR APPROACH, BASED ENTIRELY ON THE D'S BELIEF
- IT NEED NOT BE A JUSTIFIABLE BELIEF PROVIDES IT IS AN HONEST BELIEF - 7JAGGARD v DICKSON (1981)EVEN A DRUNKEN MISTAKE BELIEF IS SUFFCIENT
- 8R v DENTON (1981)THERE IS NO REQUIREMENT THAT THE PERSON IS ENTITLES TO CONSENT BE HONEST
- 9MAXIMUM SENTENCELIFE IMPRISONMENT
- 10R v MILLER (1983)HOLS HELD THAT ARSON COULD BE COMMITTED BY AN OMISSION (IN THE CASE- THE D ACCIDENTALLY STARTED A FIRE AND FAILED TO PREVENT THE DAMAGE FROM THAT FIRE)
- 11THE BASIC OFFENCE OF CRIMINAL DAMAGE MUST BE...- DESTRUCTION OR DAMAGE BY FIRE
- ALL OTHER INGREDIENTS OF THE OFFENCE ARE THE SAME AS OF THE BASIC OFFENCE - 12WHERE AGGRAVATED ARSON IS CHARGED IS IT NECESSARY THAT THE PROSECUTION PROVE THAT THE D...INTENDED OR WAS RECKLESS AS TO WHETHER LIFE WAS ENDANGERED BY THE DAMAGE/DESTRUCTION OF FIRE
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- A level Law (UNIT 4 - OFFENCES AGAINST PROPERTY) Karteikarten am CRIMINAL DAMAGE BY ARSON , erstellt von Maham Umer am 21/05/2017.
- Erstellt von
- Maham Umer
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