Endangeing life

  • Created by: Lydlyn
  • Created on: 14-03-18 20:24
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  • Criminal damage - endangering life (S1(2) CD Act 1971)
    • Actus reus
      • Danger to life
        • Steer: D fired three shots at home of his former business partner, causing damage to the house. Quashed conviction as the danger came from the bullets, not the damage
        • Warwick: held that whether D is guilty does not depend on whether the brick hits or misses the windscreen, but whether he intended to hit it and intended that the damage form this should endanger life, or whether he was reckless to that outcome
      • Life not actually endangered
        • Sangha: D set fire to property in a flat which was empty. No life at risk but still guilty
        • Gemmel and Richards overruled Caldwell so that a subjective test of whether D realised that life might be endangered
      • Own property
        • The offence also applies when D damages or destroys own property
    • Mens rea
      • Intention or recklessness as to destroying or damaging any property; and intention or recklessness as to whether life is endangered by the destruction or damage
        • Cooper: D was mentally ill and the fact that life might be endangered did not cross D's mind when setting a mattress on fire. The test for whether D realised life was at risk is subjective so his conviction was quashed

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