Criminal damage

?
  • Created by: Emma13
  • Created on: 31-05-17 12:53
What is the AR of simple criminal damage under the Criminal Damage Act? (SCD)
s1(1) Where a person without lawful excuse destroys or damages property belonging to another. (s10 - tangible property)
1 of 15
What is the MR of SCD under CDA?
D must either intend to damage property belonging to another or be reckless as to whether that is the consequence of his actions.
2 of 15
What did Jaggard v Dickinson establish?
The defence of lawful excuse s5(2(a)) subjective test,intoxication mistake,that the accused believed the owner of the property would have consented to the destruction/damage to the property.
3 of 15
What is the defence of LE under s5(2(b))?
That in order to protect property belonging to himself/another which was in need of immediate need of protection and CD was reasonable in the circumstances. The subjective + objective test as in Chamberlain v Lindon.
4 of 15
What is the AR of Aggravated Criminal Damage under the CDA? (ACD)
s1(2) A person without lawful excuse destroys or damages property, where belonging to himself or another.
5 of 15
What is the MR of ACD under CDA?
Intending to destroy or damage any property or being reckless as to whether any property would be destroyed or damaged and intending by the destruction/damage to endanger the life of another/reckless as to whether life of another would be endangered.
6 of 15
What did R v Rogers establish?
'Bloddy foreigners' and 'get back to your own country' constituted RAA under s 31(1)(a) of the Crime and Disorder Act 1998.
7 of 15
What did DPP v M establish?
'Bloddy foreigners' phrase showed hostility towards a certain racial group and therefore the D was charged with Racially ACD under Crime and Disorder Act.
8 of 15
What are the general defences for CD?
Protection of property (self defence) which is common law, Prevention of crime under s3 Criminal Law Act, to use force in prevention of crime and Duress, the necessity defence.
9 of 15
What did R v G establish?
Subjective test for recklessness that the D must appreciate the risk and takes into account the D's age/IQ/mental capacity.
10 of 15
What did Dudley establish?
Life doesn't have to be endangered, depends on if the D attempted or was reckless to it for ACD.
11 of 15
What did Steer establish?
For ACD you have to endanger life from that damage.
12 of 15
What did Unsworth establish?
LE s5(2(b)) D had an honest belief and the means used were reasonable.
13 of 15
What did Hill & Hall establish?
Under s5(2(b)) a protest is not protecting property as not in immediate need of protection, it can't be too remote.
14 of 15
What did Johnsons v DPP establish?
Under s5(2(b)) if the property is not in immediate use of property the defence can't be used.
15 of 15

Other cards in this set

Card 2

Front

What is the MR of SCD under CDA?

Back

D must either intend to damage property belonging to another or be reckless as to whether that is the consequence of his actions.

Card 3

Front

What did Jaggard v Dickinson establish?

Back

Preview of the front of card 3

Card 4

Front

What is the defence of LE under s5(2(b))?

Back

Preview of the front of card 4

Card 5

Front

What is the AR of Aggravated Criminal Damage under the CDA? (ACD)

Back

Preview of the front of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all criminal resources »