Criminal Damage: S1 Criminal Damage Act 1971

beccehjane
Mind Map by beccehjane, updated more than 1 year ago
beccehjane
Created by beccehjane over 6 years ago
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GCSE Law (Unit 4) Mind Map on Criminal Damage: S1 Criminal Damage Act 1971, created by beccehjane on 06/07/2015.

Resource summary

Criminal Damage: S1 Criminal Damage Act 1971
  1. S1(1) Basic Criminal Damage
    1. AR
      1. Destroys/damages
        1. destroyed: 'when made useless'
          1. damaged: 'if expense and time is incurred in fixing it'
            1. Roe v Kingerlee, 'matter of fact and degree'
              1. Samuel v Stubbs, by 'nature and the mode' in which it is affected/treated
                1. Fiak, impairment of Value/Usefulness
                  1. Hardman, non permanent damage still can be CD
                    1. Morphitis, scratch doesn't affect ordinary use
                      1. Gayford v Chouler, even slight damage was sufficient to prove damage
                        1. A v R, no costs/effort to wipe off, not CD
                        2. Property Belonging to another
                          1. S10(1) 'includes personal/real property, money and animals'
                            1. S10(2) 'includes any person having custody/control, any person having a propietary right/interest and any person having a charge on it'
                          2. MR
                            1. Intention/Recklessness
                              1. Pembilton, intention to damage property
                                1. Smith, intend to damage property but I believes property is his, then no offence
                                  1. Test: Did D take an unjustified risk that property would be destroyed/damaged? Did he realise the risk?
                              2. Lawful Excuse
                                1. act defines two more defences S5(2)(a) and S5(2)(b)
                                  1. S5(2)(a) Denton, he believes that the owner would have consented to damage
                                    1. Jaggard v Dickinson, even if honest belief was formed while intoxicated the defence S5(2)(a) still applies
                                    2. S5(2)(b) Merchett, he believes other property was at risk and in need of immediate protection and D acted reasonably
                                      1. Hunt, S5(2)(b) not in need of immediate protection
                                    3. Cresswell v Currie, consent by God to protect property is too remote
                                      1. Baker v Wilkins, not available to protect people, only property
                                    4. S1(2) Aggravated Criminal Damage
                                      1. AR
                                        1. Basic Criminal Damage AR
                                          1. That endangers life
                                            1. Warwick, danger must come from destruction of property
                                              1. Steer, damage to door and window but bullets did not endanger life
                                            2. MR
                                              1. Intent/reckless to destroying/damaging property
                                                1. Intent/reckless to whether life was at danger by destruction/damage of property
                                                  1. Sangha, still guilty if D intended/realised damage would endanger life
                                              2. S1(3) Arson + S1(4) Aggravated Arson
                                                1. AR
                                                  1. Destroys/damages
                                                    1. S10(1) Property
                                                      1. That endangers life (only aggravated arson)
                                                        1. By fire
                                                        2. MR: Intention/Recklessly
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