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CRIMINAL DAMAGE

THE BASIC OFFENCE OF CRIMINAL DAMAGE

The basic offence is set out in s1(1) of the Criminal Damage Act 1971 which states that:

`A person who ­ without lawful excuse ­ destroys or damages any property ­
belonging to another ­ intending to destroy or damage any such…

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PEMBLITON (1874) threw a stone at some men with whom he had been fighting. The stone
missed them but hit and broke a window. Pembliton was not guilty of causing damage to the
window as he had no intention to damage the window (or any other property) even though he…

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Actus reus: The actual spot that the defendant `makes off' from is usually the place or point where
payment is required. The payment must be required or expected at the time the defendant makes
off, and payment must be legally enforceable. Common examples of goods or services include filling
a…

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