Mapa mental
Criminal Damage: S1 Criminal Damage Act 1971
Conteúdo do mapa
Criminal Damage: S1 Criminal Damage Act 1971
S1(1) Basic Criminal Damage
- AR
- Destroys/damages
- destroyed: 'when made useless'
- damaged: 'if expense and time is incurred in fixing it'
- Roe v Kingerlee, 'matter of fact and degree'
- Samuel v Stubbs, by 'nature and the mode' in which it is affected/treated
- Fiak, impairment of Value/Usefulness
- Hardman, non permanent damage still can be CD
- Morphitis, scratch doesn't affect ordinary use
- Gayford v Chouler, even slight damage was sufficient to prove damage
- A v R, no costs/effort to wipe off, not CD
- Property Belonging to another
- S10(1) 'includes personal/real property, money and animals'
- S10(2) 'includes any person having custody/control, any person having a propietary right/interest and any person having a charge on it'
- Destroys/damages
- MR
- Intention/Recklessness
- Pembilton, intention to damage property
- Smith, intend to damage property but I believes property is his, then no offence
- Test: Did D take an unjustified risk that property would be destroyed/damaged? Did he realise the risk?
- Intention/Recklessness
- Lawful Excuse
- act defines two more defences S5(2)(a) and S5(2)(b)
- S5(2)(a) Denton, he believes that the owner would have consented to damage
- Jaggard v Dickinson, even if honest belief was formed while intoxicated the defence S5(2)(a) still applies
- S5(2)(b) Merchett, he believes other property was at risk and in need of immediate protection and D acted reasonably
- Hunt, S5(2)(b) not in need of immediate protection
- S5(2)(a) Denton, he believes that the owner would have consented to damage
- Cresswell v Currie, consent by God to protect property is too remote
- Baker v Wilkins, not available to protect people, only property
- act defines two more defences S5(2)(a) and S5(2)(b)
- AR
S1(2) Aggravated Criminal Damage
- AR
- Basic Criminal Damage AR
- That endangers life
- Warwick, danger must come from destruction of property
- Steer, damage to door and window but bullets did not endanger life
- MR
- Intent/reckless to destroying/damaging property
- Intent/reckless to whether life was at danger by destruction/damage of property
- Sangha, still guilty if D intended/realised damage would endanger life
- AR
S1(3) Arson + S1(4) Aggravated Arson
- AR
- Destroys/damages
- S10(1) Property
- That endangers life (only aggravated arson)
- By fire
- MR: Intention/Recklessly
- AR
Informações
- Descrição
- GCSE Law (Unit 4) Mapa Mental sobre Criminal Damage: S1 Criminal Damage Act 1971, criado por beccehjane em 07-06-2015.
- Criado por
- beccehjane · jun 2015
- Atualizado
- 29 mar 2016
- Visualizações
- 182
- Avaliação