Flashcards
Criminal damage
Cards in this deck (7)
- 1What is the basic offence of criminal damage?Intentionally or recklessly destroying or damaging property belonging to someone else
s1(1) Criminal Damage Act 1971 - 2What is considered damage?Can be permanent or non-permanent
Hardman v Chief Constable of Avon and Somerset (1986)
Time, money and/or effort must be spent restoring property to find 'damage'
A (A Juvenile) 1978 - 3What is the aggravated offence of criminal damage?Intentionally or recklessly destroying or damaging property with intent to endanger life or with recklessness as to whether life is endangered
s1(2) Criminal Damage Act 1971 - 4What is the difference in the AR between the basic and aggravated offence?In the aggravated offence the property can belong to someone else or the D
- 5What is the MR for the aggravated offence?Intention or recklessness
This must be proved in relation to both the destruction of the property and to the endangering of life by the criminal damage
Webster (1995)
Need to intend to endanger life - life doesn't actually need to be in danger - 6What is arson in criminal damage?Offence is arson if the damage or destruction is caused by fire (applies to either the basic or aggravated offence)
s1(3) Criminal Damage Act 1971 - 7What are the two lawful excuses under s5 Criminal Damage Act 1971?s5(2)(a) = D believed he had consent to damage the property;
Applies even if D has genuine but mistaken belief
Denton (1982);
s5(2)(b) = D believed the property was in need of immediate protection;
The means of protection must be reasonable
Hill and Hall (1988);
These apply to the basic offence only
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- Description
- CILEx Criminal law (2. Offences) Flashcards on Criminal damage, created by John Arnold on 11/05/2016.
- Created by
- John Arnold · May 2016
- Updated
- Nov 24, 2016
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