Criminal Attempts and Damage

Question 1

Legislation - criminal damage

Answer 1

Criminal Damage Act 1971

Question 2

Legislation - criminal attempts

Answer 2

Criminal Attempts act 1981

Question 3

Section 1 of the Criminal Damage Act 1971

Answer 3

• (1) causing damage (‘simple damage’)
• (2) damaging property with the intent to endanger life (can be an individual’s own property)
• (3) criminal damage by fire (arson)

Question 4

Criminal Damage Acct 1971 - definition

Answer 4

‘A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence’

• A person who without lawful excuse destroys or damages any property, whether belonging to himself or another —
  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 or damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered;
  shall be guilty of an offence
• An offence committed under this section by destroying or damaging property by fire shall be charged as arson.

Question 5

Damage or destroy

Answer 5

damage - harmed, made less valuable or useful, unworkable, defaced, not permanent

destroy - breaking, smashing, burning, beyond repair

Question 6

Property

Answer 6

• anything of tangible nature (real or personal)
• real = real estate such as land
• personal = money
• animals kept as pets (property under common law)

Does not include wild mushrooms, flowers, tree’s etc.

Question 7

Belonging to another

Answer 7

• having custody or control
• having it in any proprietary or interest
• having charge on it

Question 8

Interring to damage or destroy property

Answer 8

• identify any intention to destroy or damage the property of another
• accidental damage is not intentional
• transferred malice (swinging a hammer at someones window, instead hits the neighbours window is still intentional)

Question 9

Being reckless

Answer 9

• to aware of a risk that exists or will exist and acting with little or no regard of the consequences

Question 10

Arson

Answer 10

• criminal damage caused by fire
• potential for serious damage and harm caused to victim’s
• arson with intent (intention to endanger life of another or being reckless as to whether another life would be endangered)

Question 11

Sentencing

Answer 11

• criminal damage under £5000 are triable only at magistrates, with a maximum of 3 years
• exceeding £5000, maximum of 6 months (either-way) maximum of 10 years
• intent to endanger life (indictable)

Question 11

Sentencing

Answer 11

• criminal damage under £5000 are triable only at magistrates, with a maximum of 3 years
• exceeding £5000, maximum of 6 months (either-way) maximum of 10 years
• intent to endanger life (indictable)

Question 12

Aggravating factors - Section 30 Crime and Disorder Act 1998

Answer 12

• religiously or racially aggravated become indictable offences
• carry a maximum sentence of 14 years
• cannot be applied to the offence of arson

Question 13

Defences

Answer 13

• mistaken identity - someone else caused the damage
• it was my property
• lawful excuse in preventing further damage
• owner consented to the damage
• it was an accident
• the act didn’t result in actual damage

Question 14

Section 1 Criminal Attempts Act 1981

Answer 14

If, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of the offence, he is guilty of attempting to commit the offence

Question 15

Proving the offence of criminal attempt

Answer 15

• the suspect must intent to commit the offence
• the intended offence must be an indictable offence
• a person must do an act
• this act must be more than merely preparatory to the commission of the intended offence

Question 16

The suspect must intent to commit the offence

Answer 16

• explanations from the suspect
• admissions made in interview
• evidence from eyewitness
• the actions of the person committing the offence (CCTV)

Question 17

must be an indictable offence

Answer 17

• tried in a Crown Court
• maximum of 6 months imprisonment
• burglary
• criminal damage
• theft
• possession of drugs
• murder
• rape

Question 18

must do an act

Answer 18

• person concerned must do it

- cannot think about doing it

Question 19

This act must be more than merely prepratory

Answer 19

• must have done an act that goes beyond just preparing to commit the offence and actually embarked on the crime

Question 20

Sentencing (Criminal attempts act 1981)

Answer 20

• if you attempt an offence the punishment is as if you had committed the actual offence in full
• mode of trial is also the same (either way offence will trialled as one)

Question 21

Defences

Answer 21

• mistaken identity
• no more than a preparatory act
• it was not an attempt at the substantive offence (putting good into a bag and leaving, claiming to get wallet from car)

Question 22

Key points

Answer 22

• criminal damage and criminal attempts are volume crimes
• criminal damage can be charged religiously or racially aggravated under Crime and Disorder Act 1998
• The defendant to raise a defence wither in interview or at court
• Your role to cover the points to prove
• A person charged with a criminal attempt must do an at that is more than merely preparatory to the commission of the intended offence
• Defendants found guilty of a criminal attempt can generally be sentence as if they had committed the actual offence in full

Question 23

Police powers

Answer 23

Section 17 of PACE 1984 - power of entry to search premises in order to prevent serious damage to property