2020 Criminal Damage Flashcards
what act is criminal damage seen under
the criminal damage act 1971
what offences are seen in the criminal damage act 1971
criminal damage/arson
aggravated criminal damage/arson
what are the elements of arson/criminal damage
destroys or damages property belonging to another intention without lawful excuse (fire is used when it is arson)
what cases show arson
R v Denton
R v G
R v Hunt
what does Roe v Kingerlee show
it is up to Jury to decide whether there has been damage or destruction
when does a damage typically go to the crown court
after £12,000
R v Whiteley
smearing poo on the wall is criminal damage.
any alteration to the physical nature of the property concerned may amount to damage
Hardman v chief constable of avon and somerset
painting silhoutte on pavement in bristol to remind of nuclear war was still criminal damage.
R v Fiak
clogs toilet flooding room this was criminal damage
what are the rules of property in similar too
the property seen in theft
what does property not include
plants flowers and mushrooms growing wildly on property
wild animals
what does belonging to another mean
someone else owns the property or has custody or control of it
R v Smith
if someone believes that the property is theirs there is no offence comitted
Seray-Wuvie v DPP
wrote with marker on street signs on estates. argued it was public information- still guilty
r v stephenson
subjective recklessness is allowed for intent
