Criminal Damage

Joanne North
Flashcards by Joanne North, updated more than 1 year ago
Joanne North
Created by Joanne North over 3 years ago
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AQA 2016
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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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