Flashcards
SIMPLE CRIMINAL DAMAGE
Flashcards do conjunto (20)
- 1UNDER WHAT SECTION IS SCD GOVERNED UNDER IN THE CRIMINAL DAMAGE ACT 1971?S.1(1) OF THE CRIMINAL DAMAGE ACT 1971
- 2BASIC OFFENCE HAS BEEN SET OUT AS...A PERSON WHO WITHOUT LAWFUL EXCUSE DESTROYS OR DAMAGES ANY PROPERTY BELONGING TO ANOTHER INTENDING TO DESTROY OR INTENDING TO DESTROY OR DAMAGE ANY SUCH PROPERTY OR BEING RECKLESS AS TO WHETHER ANY SUCH PROPERTY WOULD BE DESTROYED OR DAMAGED SHALL BE GUILTY OF AN OFFENCE
- 3ACTUS REUSMADE UP OF 3 ELEMENTS:
(1) DESTROY OR DAMAGE
(2) PROPERTY
(3) BELONGING TO ANOTHER - 4(1) DESTROY OR DAMAGE- HAS NO STATUTORY DEFINITION
- SOME PRINCIPALS HAVE EMERGED FROM CASE LAW - 5DESTROY OR DAMAGE CASE ROPER v KNOTT (1898)THERE IS NO REQUIREMENT THAT THE PROPERTY IS RENDERED USELESS, A DIMINUTION IN VALUE IS SUFFICIENT FOR LIABILTY IN CD
- 6DESTROY OR DAMAGE A (A JUVENILE) v R (1978)IF NO DAMAGE INFACT OCCURS THEN NO LIABILITY OF CD CAN ARISE
- 7DESTROY OR DAMAGE R v FIAK (2005)HOWEVER, DAMAGE INCLUDES TEMP IMPAIRMENT OR TEMP LOSS OF USE
- 8DESTROY OR DAMAGE SAMUELS v STUBBS (1972)THE COURTS HAVE COME CLOSE TO FINDING THAT ACTUAL DAMAGE IS UNNECESSARY
- 9DESTROY OR DAMAGE ROE v KINGERLEE (1986)IMPORTANTLY, WHERE EXPENSE HAS BEEN INCURRED IN RESTORING PROPERTY TO ITS FORMER STATES, THIS WILL CONSTITUTE AS CD
- 10DESTROY OR DAMAGE HARDMAN v CHIEF CONSTABLE OF AVON (1986)THIS SEEMS TO APPLY EVEN WHERE THE EXPENSE WAS UNNECESSARILY INCURRED
- 11DESTROY OR DAMAGE R v MILLER (1983)DESTROYING OR DAMAGE CAN BE COMMITTED BY OMISSION
- 12(2) PROPERTY- S.10(1) CRIMINAL DAMAGE ACT 1971
- PROPERTY EMBRACES ONLY TANGIBLE PROPERTY
- IT INCLUDES REAL PROPERTY (LAND AND BUILDINGS)
- INCLUDES MONEY - 13PROPERTY: S.10 (1) (a)ANIMALS ARE ONLY INCLUDED IF THEY ARE TAMED OR ORDINARILY KEPT IN CAPTIVITY
- 14PROPERTY: S.10 (1) (b)WILD MUSHROOMS, FRUIT, FOLIAGE AND PLANTS ARE EXCLUDED
- 15(3) BELONGING TO ANOTHER: S.10 (2) CDA 1971, PROVIDES PROPERTY WILL BE REGARDED AS BELONGING TO ANY PERSON HAVING:(a) CUSTODY OR CONTROL OF IT
(b) A PROPRIETARY RIGHT OR INTEREST/RIGHT IN IT
(c) A CHARGE IN IT - 16MENS REACONSISTS OF: (1) INTENTION OR (2) RECKLESSNESS AS TO THE DESTROYING OR DAMAGING OF (3) PROPERTY (4) BELONGING TO ANOTHER
- 17(1) INTENTION- IF THE D BELIEVES THE PROPERTY THEY ARE DAMAGING BELONGS TO THEM, THEY ARE NOT LIABLE, EVEN WHERE THE MISTAKE RELATES TO A MISTAKE OF LAW
- 18INTENTION: CASE WHAT WAS HELD IN R v SMITH (1974)?- CONVICTION WAS UPHELD
- HE LACKED THE MR OF CRIMINAL DAMAGE AS HE BELIEVED THE PROPERTY HE DAMAGED BELONGED TO HIM
- BELIEVED HE HAD A PROPRIETARY RIGHT - 19(2) RECKLESSNESS: APPROPRIATE TEST OF RECKLESSNESS IS...- 'A PERSON ACTS RECKLESSLY WITHIN THE S.1 OF CDA 1971 WITH RESPECT TO-
(i) A CIRCUMSTANCE WHEN S/HE IS AWARE OF A RISK THAT IT EXISTS OR WILL EXIST
(ii) A RESULT WHEN S/HE IS AWARE OF A RISK THAT IT WILL OCCUR; AND IT IS IN THE CIRCUMSTANCES KNOWN TO HIM, UNREASONABLE TO TAKE THE RISK'. - 20RECKLESSNESS CASE EXAMPLEBOOTH v CPS (2006)
Informações
- Descrição
- A level Law (UNIT 4 - OFFENCES AGAINST PROPERTY) FlashCards sobre SIMPLE CRIMINAL DAMAGE , criado por Maham Umer em 17-05-2017.
- Criado por
- Maham Umer
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