Chapter 20- Criminal damage

Question 1

What is criminal damage and which section does it fall under the criminal damage act

Answer 1

Section 1
-A person guilty of this offence is not legally allowed to destroy a property belonging to another and intends to destroy it by being reckless

Question 2

Elements of actus reus

Answer 2

-Damage
-belonging to another
-property
-without lawful excuse

Question 3

The different 3 forms of damage can be

Answer 3

-Physical damage
-reduced value
-usefulness

Question 4

Describe the case of R v Fiak

Answer 4

The defendant was placed in a jail cell and clogged the toilet and it lead to other toilets being damaged as well, this was considered temporary criminal damage

Question 5

What does the act define Property as

Answer 5

-property that is tangible whether real or personal
-property that are considered alive or non-living
-NOT included wild plants on land that is untamed

Question 6

describe without lawful excuse through a case

Answer 6

Lloyd v DPP- A tire had a tire clamp and the defendant tried to remove it and refused to pay the 25 pounds. this did not count as a lawful excuse to remove the clamp and this was considered criminal damage

Question 7

Mens rea of criminal damage

Answer 7

• Intention to destroy property belonging to another
• recklessness as to whether such property is destroyed

Question 8

recklessness occurs when the person knew:

Answer 8

-The effect of their risk
-a result of their risk
-it is unreasonable to take that risk

Question 9

What is arson

Answer 9

-An offence under criminal damage by destroying property by fire.

Question 10

A person is guilty of aggravated offence of criminal damage if…

Answer 10

-They have the intention of being reckless
-they endanger the life of another or being reckless as to whether the life would be endangered

Question 11

describe the case of R v Warwick

Answer 11

-The defendant was guilty as he threw a brick at a police cars window which he intended to break so as to scare the officers of their life being endangered

Question 12

what is the actus reus of threats to destroy property

Answer 12

-Making illegal threats of damaging property
-making illegal threats of damaging their own property that has the risk of endangering life.

Question 13

describe the case of R v Hill based on possession of anything with intent to destroy or damage property

Answer 13

A hacksaw blade was intended to be used to cut a fence around an air base to allow access for protestors

Question 14

what is the actus reus of possession

Answer 14

Possession. of the weapon to be used on the property