Flashcards
Criminal Damage
Flashcards do conjunto (19)
- 1WHAT ACT IS CRIMINAL DAMAGE IN?CRIMINAL DAMAGE ACT 1971
- 2WHAT SECTION IS 'PROPERTY' UNDERs.10(1) CDA 1971
- 3DEFINE 'PROPERTY'?'property' = property of tangible nature, whether real or personal, including money
- 4WHAT COMES UNDER 'REAL' PROPERTY?land and buildings or other structures attached to land
- 5CREATURES?property includes wild creatures that have been tamed or ordinarily kept in captivity (that specific animal not whole species), as well as any other wild creature or their carcass if they are in someone else's possession
- 6DIFFERENCES W/ THEFT?- land IS property that can be damaged
- does not include mushrooms, flowers, fruit or foliage growing wild
- intangible rights e.g. copyright/patent cannot be damaged - 7DID THE PROPERTY BELONG TO ANOTHER? WHEN WILL IT?s.10(2)
- has custody/control of it
- any proprietary right/interest in it
-having a charge on it (e.g. mortgage) - 8WHAT IS HELD IN ROE v KINGERLEE?that destruction/damage is a question of fact for the jury
- 9WAS DOES IT HAVE TO BE AT LEAST?only has to be damage to be guilty
- 10WHAT WAS HELD IN GAYFORD v CHOULER?damage requires that property be physically altered, impaired or harmed
- 11WHAT WAS HELD IN FIAK?example of impaired - removing an integral part of a machine, causes property to be temporarily unfit for use
- 12WHAT WAS HELD IN ROE v KINGERLEE?alteration, harm or impairment likely to be considered damage if it will cost time, money and/or effort to remove the damage
- 13WHAT WAS HELD IN MORPHITIS v SALMON?the type and purpose of the property may be relevant
- 14MENS REA?intention or recklessness as to the damage caused without lawful excuse
- 15WHAT DOES THIS MEAN?means that D must at least realise risk of causing destruction/damage of property belonging to another and go on to take that risk (R v G AND R)
- 16WHAT IS LAWFUL EXCUSE?a lawful reason as to why D did what he did
- 17s.5(2)(a) and JAGGARD v DICKINSON?D has lawful excuse if he genuinely believes the owner (or other person with rights in the property) would've consented to destruction/damage
- 18s.5(2)(b) and HUNT?D has lawful excuse if he genuinely believes other PROPERTY was at risk and in need of immediate protection and what he did was reasonable in the circumstances
- 19WHAT IS THEREFORE HELD IN BAKER AND WILKINSS.5(2)(b) only applies to items legally defined as property
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- A level Law (LAW04 PROPERTY) FlashCards sobre Criminal Damage, criado por Maisie Carroll em 22-03-2017.
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- Maisie Carroll
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