Flashcards
Aggravated Criminal Damage
Flashcards do conjunto (10)
- 1WHAT STATUTE IS AGGRAVATED CRIMINAL DAMAGE HELD UNDER?S.1(2) CDA 1971
- 2WHAT IS THE AR OF AGGRAVATED CRIMINAL DAMAGE?D destroys/damages property belonging to himself or another
- 3WHAT IS THE FIRST THING NEEDEDbasic criminal damage
- 4BUT WHAT IS DIFFERENT?the property need not belong to another it can be Ds own property (MERRICK)
- 5WHAT ELSE MUST HAPPEN?D must intend or be reckless to life being endangered by the destruction/damage
- 6WHAT IS HELD IN STEER?the danger to life must be caused by the destruction/damage to the property, NOT MERELY Ds ACT (d fired 3 shots, at home, damage to house, endanger to life was from gun shooting not damage)
- 7WHAT IS HELD IN PARKER?there is NO REQUIREMENT that any life is in fact endangered, it's enough that D intends/is reckless to endangering life
- 8WHAT IS THE MR?D must intend/be reckless as to both the damage caused AND the risk to life it caused (s.1(2) CDA)
- 9WHAT DOESN'T APPLY?lawful excuse defence
- 10WHAT COULD D USE AS DEFENCE INSTEAD?ACD is specific intent offence and so could plead voluntary intoxication
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- A level Law (LAW04 PROPERTY) FlashCards sobre Aggravated Criminal Damage, criado por Maisie Carroll em 22-03-2017.
- Criado por
- Maisie Carroll
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