7929660
Description
Flashcards by Joanne North, updated more than 1 year ago
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Created by Joanne North
about 7 years ago
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| Question | Answer |
| Where does the definition of criminal damage come from? | S1(1) Criminal Damage Act 1971 |
| What are the actus reus elements for criminal damage? | Destroys or damages Property Beloinging to another |
| What are the mens rea elements for criminal damage? | Intention to cause damage. Must be reckless to the damage. Intends to damage property belonging to another. |
| What are the main cases on damage or destroys? | Roe v Kingerlee Hardman Morphitis v Salmon |
| What does the case of Roe v Kingerlee state? | Whether the property has been damaged or destroyed is a matter of fact and degree. |
| What does the case of Hardman state? | It is damaged or destroyed if it takes time, money or effort to put right. |
| What does Morphitis v Salmon state? | Must consider the type of property that is being damage. |
| Whar section defines property in criminal damage? | S10(1) Criminal Damage Act 1971 |
| What does S10(1) Criminal Damage Act states property means? | Property of a tangble nature, real or personal including money. |
| What is the other relevant law on property? | Wild animals are included whether they are wild, tame or in captivity. Plants or mushrooms are not included. Land can be damaged. Intangible rights can be stolen. |
| What section defines belonging to another? | S10(2) Criminal Damage 1971 |
| What does S10(2) Criminal Damage 1971 defines belonging to another as? | a. Having control or custost of it b. Having any proprietary rights to it c. Having any charge on it |
| What does the case of Smith state about belonging to another? | Belonging to another is not restricted to the owner. |
| What cases support the defendant must intend damage? | Pemblinton; Seray-White |
| What case supports that the defendant must be reckless to the damage? | G v R |
| What case supports that the defendant intends to damage property belonging to another? | Smith |
| What section defines aggravated criminal damage? | S1(2) Criminal Damage Act 1971 |
| What is the definition of aggravated criminal damage? | Intending by destruction or damage to endager the life of another or being reckless. |
| What section states the definition of aggravated criminal damage? | S1(2)(b) |
| What case states that danger must come from the destruction of damage? | Steer |
| What cases states that intention and recklessness is a mens rea element? | Sangha |
| What case states that property can belong to the defendant? | Merrcik |
| What section defines arson? | S1(3) Criminal Damage Act 1971 |
| What does S1(3) Criminal Damage Act 1971 define arson as? | Criminal damage with fire. |
| What case states that arson can be committed by an osmission? | Miller |
| What is the law on aggravated arson? | Aggravated criminal damage with fire. |
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