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- 1Aggravated Criminal DamageWhere property has been destroyed or damaged with the aggravating factor being that life is endangered by the destruction or damage to the property. For example the cutting of electricity cables leaving live wires exposed or the damaging safety equipment. S.1(2) Criminal Damage Act 1971 provides that a person is guilty of an offence if without lawful excuse, they destroy or damage property, belonging to them self or another, with intent or being reckless as to destroying or damaging property and with intent or being reckless as to endangering life.
- 2Actus reus of aggravated criminal damage: Destroy or damage Property Belonging to himself or another Endangering lifeI) Endangering life
D) The danger to life must come from the damage to the property - 3E) R v Steer [1988] The appellant had an argument with a former business partner and went round to his house armed with a gun. He rang the door bell and then fired shots through the windows and doors. He was convicted of aggravated criminal damage under s.1(2) Criminal Damage Act 1971. His conviction under s.1(2) was quashed as the danger to life came from the gun and not the damage to the property.R v Wenton [2010] The appellant smashed a window with a brick in the early hours of the morning. He then threw into the house a petrol canister and lighted piece of paper. The house was the home of a couple with three children who were all sleeping at the time of the incident. Luckily the paper went out without igniting the petrol and no fire occurred. The appellant was convicted on 5 counts of aggravated criminal damage under s.1(2) of the Criminal Damage Act 1971 in that he had smashed the window and intended to endanger life. He appealed.
- 4There is no requirement that life is in fact endangered. R v Sangha [1988] The appellant set fire to a mattress in a block of flats. The flat was empty at the time and the flats were constructed in such a way as to prevent the spread of fire to neighbouring flats. He was convicted of aggravated criminal damage under s.1(2) Criminal Damage Act 1971 and appealed contending that no life was in fact endangered. His conviction was upheld. There was no requirement that life should in fact be endangered under s.1(2).Mens rea of aggravated criminal damage:
The defendant must;
intend or be reckless as to the destroying or damaging of property and
intend or be reckless as to the endangerment of life. - 5E) R v Cunningham [1957] The appellant ripped a gas meter from the wall in order to steal the money in the meter. This caused gas to escape. The gas seeped through small cracks in the wall to the neighbouring property where his future mother-in-law was sleeping and was poisoned by the gas. He was charged under s 23 of the Offences against the Person Act 1861 which provides 'Whosoever shall unlawfully and maliciously administer to or cause to be administered to or taken by any other person any poison or other destructive or noxious thing, so as thereby to endanger the life of such person, or so as thereby to inflict upon such person any grievous bodily harm, shall be guilty of felonyEnd...
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- FlashCards sobre Sem título, criado por Sarudzai Munhund em 09-03-2015.
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- Sarudzai Munhund
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