Crimes against Property Flashcards
What is Malicious Mischief?
Intentional or reckless damage or destruction of another’s property without consent
What are the versions of malicious mischief?
- Traditional definition
2. Wilson Malicious mischief
What is the actus reus for malicious mischief?
Unauthorised interference with another’s property such as to cause deliberate loss to the owner/possessor
No physical damage needed
What is the mens Rea for malicious mischief?
Deliberate and intentional damage
OR
Recklessness
IS there a requirement for deliberate wicked intent to injure anothers property?
No requirement recklessness is sufficient
What did traditional malicious mischief mean?
Only corporeal property could be damaged and property must belong to another
How was damaged assessed in traditional malicious mischief?
By circumstances, degree of damage and nature of interference
What was Wilsons version of malicious mischief?
HMA v Wilson
Re-interpretated the crime to embrace deliberate interference with property causing an economic loss
How can the mens Rea be satisfied?
Must be evidence of damage or loss or intention to cause
What is not a defence for malicious mischief?
Clark v Syme
Mere fact that a person carried out acts which constituted a crime under a misconception of his legal rights is not a defence
What is vandalism?
Any person who without reasonable excuse wilfully or recklessly destroys or damages property belonging to another shall be guilty of the crime of vandalism
What is the mens Rea for vandalism?
Wilful intention or recklessness
What is required for vandalism?
More than mere carelessness is required the conduct must show obvious or material risk of damage
What is a defence for vandalism?
Reasonable excuse
What is fire raising?
Intentional or reckless damaging or destroying the corporeal property of another without consent
