Flashcards
CRIMINAL DAMAGE
Cards in this deck (24)
- 1SETNENCE Criminal Damage<£5000 - SUMMARY - Six months &/or fine
>£5000 - INDICTABLE - Ten years - 2LEGISLATION That makes if an offence to commit criminal damageS1 Criminal Damage Act 1971
- 3When is an offence committed under S1 Criminal Damage Act 1971?When someone without lawful excuse destroys or DAMAGES ANY PROPERTY BELONGING TO ANOTHER INTENDING TO destroy or damage any such property or BEING RECKLESS as to whether any such property would be destroyed or damaged
- 4LIST Key points relevant to criminal damageThe property must be tangible
It can include wild animals in captivity
The property must be owned/controlled - 5TRUE OR FALSE It is possible to criminally damage your own propertyYes, if you jointly own it with another
- 6TRUE OR FALSE Criminal damage can include damage to wild animals held in captivityTRUE
- 7TRUE OR FALSE There must be permanent damage for a charge of criminal damage to be broughtFALSE
There is no need for the damage to be permanent. - 8LEGISLATION That makes criminal damage that endangers life an offenceS1(2) Criminal Damage Act 1971
- 9S1 Criminal Damage Act 1971 makes what a criminal offence?Causing criminal damage
- 10S1(2) Criminal Damage Act 1971 makes what an offence?Causing criminal damage that endangers life
- 11SENTENCE Criminal damage that endangers lifeINDICTABLE ONLY
Life imprisonment - 12Must actual injury occur for a charge to be brought for causing criminal damage, that endangers life contrary to S1(2) Criminal Damage Act 1971?No actual injury need occur - it is the potential for the injury that must be present
- 13For a charge to be brought under S1(2) Criminal Damage Act 1971, what must be the source of the endangerment to life?THE CRIMINAL DAMAGE
For example: shooting at someone in a room through a window both endangers life and damages the window, but it is the bullet that endangers life, not the damage from the window, so this is not criminal damage that endangers life. - 14TRUE OR FALSE As with a S1 Criminal Damage Act offence, a S1(2) Criminal Damage Act offence must be either intentional or recklessTRUE
- 15LEGISLATION That makes arson an offenceS1(3) Criminal Damage Act 1971
- 16S1(3) Criminal Damage Act 1971 makes what an offence?Arson
- 17An offence under S1(3) Criminal Damage Act is as an offence under S1 Criminal Damage Act, except...At least some of the damage must have been caused by FIRE. Smoke damage is NOT sufficient.
- 18S2 Criminal Damage Act 1971 makes what an offence?Threats to cause criminal damage
- 19For the offence of threatening criminal damage, contrary to S2 Criminal Damage Act 1971, to be complete, what key criteria must be met?The threat must be made INTENDING THAT THE OTHER WOULD FEAR IT BEING CARRIED OUT
- 20TRUE OR FALSE Threats to cause criminal damage, contrary to S2 Criminal Damage Act 1971 can be made regarding simple criminal damage, criminal damage endangering life, and arsonTRUE
All can be threatened - 21S3 Criminal Damage Act 1971 makes what an offence?Possessing an article with intent to cause criminal damage
- 22LEGISLATION That makes possessing an article with intent to cause criminal damage an offenceS3 Criminal Damage Act 1971
- 23S30 Crime and Disorder Act 1998 makes what an offence?Racially or Religiously Aggravated Offences under S1 Criminal Damage Act 1971
- 24SENTENCE Religiously or Racially aggravated criminal damageUnlike simple criminal damage, the value of the property damaged does not influence its mode of trial, it remains either way regardless.
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- POLICING (FIRST DAY EXAM) Flashcards on CRIMINAL DAMAGE, created by sah224 on 03/07/2015.
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- sah224
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