Law - Basic criminal damage

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What is the act and section number for BCD?
Criminal Damage Act 1971 s 1 (1)
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What is the actus reus?
Damaging or destroying property belonging to another
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What are the 3 things a jury would consider?
Effort/expense of rectifying damage (Roe v Kingerlee), impairment of Value/usefulness of property (R v Whiteley) and the nature of property (Morphitis v Salmon)
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How is property defined in CDA 1971 S10?
Property of a tangible nature (real or personal) including money, wild creatures tamed or kept in capitivity
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What does it exclude?
Wild mushrooms and wild fruit/flowers/foliage
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What is the mens rea?
Intent to cause damage/destruction to property or recklessness as to whether property is damaged/destroyed
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What must the prosecution prove for intent?
D intented the act which caused criminal damaged and D intended that that act should cause criminal damahe
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What is the test for recklessness?
Did D recognise conduct created and unjustified risk to damage to property (R v G)
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What is the defence of basic criminal damage?
Lawful excuse
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Explain the first element of lawful excuse lawful excuse (R v Denton)
At the time of his acts which caused criminal damage, he honestly believed that the person who believed was entitled to consent to the damage of property had or would consented to that damaage
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What is the other element that can be argued instead? (R v Hunt)
D damaged or destroyed property in order to protect his or another's property and it was in immediate need of protection and he believed his actions were reasonable
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Card 2

Front

What is the actus reus?

Back

Damaging or destroying property belonging to another

Card 3

Front

What are the 3 things a jury would consider?

Back

Preview of the front of card 3

Card 4

Front

How is property defined in CDA 1971 S10?

Back

Preview of the front of card 4

Card 5

Front

What does it exclude?

Back

Preview of the front of card 5
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