Under what act is basic criminal damage recognised?
S.1(1) Criminal Damage Act 1971.
1 of 18
What is the definition of damaged? (Roe v Kingerlee)
Something has been damaged when 'expense and time will incur in fixing it.'
2 of 18
What is the defintion of destroyed? (Morphitis v Salmon)
Something has been destroyed when it 'has been made useless.'
3 of 18
The defintion of property is found in S.10(1) Criminal Damage Act 1971. What is the defintion of property?
'Money and other property, whether real or personal, including things in action and other intangible property.'
4 of 18
What does S.10(2) Criminal Damage Act 1971 state?
The property must belong to another (someone else).
5 of 18
What makes property belong to another?
Another person "having the custody or control of it; having in it any proprietary right or interest or having a charge on it."
6 of 18
With regards to direct intention, what is the mens rea of basic criminal damage?
Intention to damage/destroy property (Pembilton) or intention to damage/destroy property belonging to another (Smith).
7 of 18
With regards to subjective recklessness, what is the mens rea of basic criminal damage?
Reckless as to damage/destroy property (R v G and R).
8 of 18
What is the first lawful excuse (found under S.5(2)(a))?
The D will have a defence if they believed the owner would have consented to the damage (Jaggard v Dickinson) (Denton).
9 of 18
What is the second lawful excuse (found under S.5(2)(b))?
The D will have a defence if other property was at risk and in need of immediate protection and the D acted reasonably in the circumstances (Blake v DPP) (Hunt).
10 of 18
What section defines aggravated criminal damage?
S.1(2) Criminal Damage Act 1971.
11 of 18
ACD has the same definition and actus reus as in BCD but with the extra requirement...
...of endangerment to life (Steer).
12 of 18
It does not matter if a person is not there, ACD only concerns the creation of...
...a life threatening situation (Warwick) (Sangha).
13 of 18
The mens rea of ACD includes intention as to damage/destroy property and intention/recklessness as to whether...
...life was endangered by the damage or destruction of property.
14 of 18
What does S.1(3) Criminal Damage Act 1971 define?
Arson.
15 of 18
What section states that where an offence is committed through fire, it becomes arson?
S.1(1) Criminal Damage Act 1971.
16 of 18
Aggravated arson occurs where the D intended or was reckless as to...
...whether life was endangered through the use of fire.
17 of 18
What case is used to demonstrate that arson can be committed through an omission?
Miller.
18 of 18
Other cards in this set
Card 2
Front
What is the definition of damaged? (Roe v Kingerlee)
Back
Something has been damaged when 'expense and time will incur in fixing it.'
Card 3
Front
What is the defintion of destroyed? (Morphitis v Salmon)
Back
Card 4
Front
The defintion of property is found in S.10(1) Criminal Damage Act 1971. What is the defintion of property?
Comments
No comments have yet been made