Criminal Damage Act

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  • Created by: Scragg
  • Created on: 06-05-16 12:04
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  • Criminal Damage
    • Criminal Damage S1(1)
      • Damage and Destroy
        • Roe v Kingerly
          • Damage and destroy are a matter of fact or degree
        • has to cost time, money and effort to repair
          • Hardman
          • Blake v DPP
          • Fiak
      • Property S10(1)
        • Tangible nature, whether real and personal, including money and
          • (a) tamed wild animals
          • (b) Foraging doesnt count
      • Belonging to Another S10(2)
        • If the have custody or control over it
        • Having any proprietary right or interest
        • Having a charge on it
      • Mens Rea
        • Intend or be reckless as to do the damage
        • Intent to do the damage
          • Pembilton
          • Seray -White
        • Must intend to damage property belonging to another
          • Smith
        • Recklesness
          • G and R
    • Aggravated Criminal Damage s1(2)(b)
      • Intending by the destruction or damage to endanger life or property
      • Danger to life
        • Must come from the destruction or damage
          • Steer
          • Webster
          • Warwick
        • Doesn't have to actually be endangered
          • Sangha
        • Own property
          • Merrick
    • Without lawful excuses S5(2)(a)
      • Owner would have consented to it
      • Property was in need of protection
    • Arson S1(3)
      • An offence committed under this section by damaging or destroying property by fire shall be charged as arson.
      • Essentially criminal damage by fire
      • Can be committed through an omission.
        • Miller

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