Flashcards
Criminal Damage
Cards in this deck (26)
- 1Where does the definition of criminal damage come from?S1(1) Criminal Damage Act 1971
- 2What are the actus reus elements for criminal damage?Destroys or damages
Property
Beloinging to another - 3What 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. - 4What are the main cases on damage or destroys?Roe v Kingerlee
Hardman
Morphitis v Salmon - 5What does the case of Roe v Kingerlee state?Whether the property has been damaged or destroyed is a matter of fact and degree.
- 6What does the case of Hardman state?It is damaged or destroyed if it takes time, money or effort to put right.
- 7What does Morphitis v Salmon state?Must consider the type of property that is being damage.
- 8Whar section defines property in criminal damage?S10(1) Criminal Damage Act 1971
- 9What does S10(1) Criminal Damage Act states property means?Property of a tangble nature, real or personal including money.
- 10What 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. - 11What section defines belonging to another?S10(2) Criminal Damage 1971
- 12What 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 - 13What does the case of Smith state about belonging to another?Belonging to another is not restricted to the owner.
- 14What cases support the defendant must intend damage?Pemblinton; Seray-White
- 15What case supports that the defendant must be reckless to the damage?G v R
- 16What case supports that the defendant intends to damage property belonging to another?Smith
- 17What section defines aggravated criminal damage?S1(2) Criminal Damage Act 1971
- 18What is the definition of aggravated criminal damage?Intending by destruction or damage to endager the life of another or being reckless.
- 19What section states the definition of aggravated criminal damage?S1(2)(b)
- 20What case states that danger must come from the destruction of damage?Steer
- 21What cases states that intention and recklessness is a mens rea element?Sangha
- 22What case states that property can belong to the defendant?Merrcik
- 23What section defines arson?S1(3) Criminal Damage Act 1971
- 24What does S1(3) Criminal Damage Act 1971 define arson as?Criminal damage with fire.
- 25What case states that arson can be committed by an osmission?Miller
- 26What is the law on aggravated arson?Aggravated criminal damage with fire.