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NWP Special Constable Exam > Criminal Damage > Flashcards

Criminal Damage Flashcards

1
Q

Which extract of legislation covers Criminal Damage?

A

Section 1(1) Criminal Damage Act 1971

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2
Q

What is the Actus Reus for Section 1(1) Criminal Damage?

A

Either destroy or damages property without lawful excuse

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3
Q

What is the case in relation to the property damaged for the simple Section 1(1) Crim Dam offence?

A

Only another person’s property can be destroys or damaged

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4
Q

What is the Mens Rea for Section 1(1) Criminal Damage?

A 
Intending to destroy/damage OR
being reckless (subjectively) to whether property would be destroyed/damaged
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5
Q

How is Section 1(1) Criminal Damage triable?

A

Either way, in Crown or Magistrates

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6
Q

When is Criminal Damage a purely summary offence?

A

When the damage is anything below £5000 in cost

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7
Q

When is Criminal Damage an indictable offence?

A

When the cost of damage is £5000 of more

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8
Q

What is the definition of ‘destroyed’ in relation to Section 1(1) Criminal Damage?

A

There is no stated definition but usually the property must be rendered useless by destruction

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9
Q

What is the definition of ‘damaged’ in relation to Section 1(1) Criminal Damage?

A

There is no stated definition but usually the property must be rendered less useful by damage

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10
Q

Does damage to property need to be permanent for a legitimate charge of Section 1(1) Criminal Damage?

A

No - damaged can be either permanent or temporary

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11
Q

Can destruction/damaged apply to things with an unclear functional utility i.e. art?

A

Yes

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12
Q

What are the obvious three inclusions within the definition of ‘property’ under Section 1(1) Criminal Damage?

A

Real property
Personal property
Money

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13
Q

Can a wild creature be deemed as property under Section 1(1) Criminal Damage?

A

Yes - so long as it has been tamed or is an animal ordinarily kept in captivity or a pet

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14
Q

Are wild mushrooms, fruit, flowers or foliage ever ‘property’ under Section 1(1) Criminal Damage??

A

No - wild mushrooms, fruit, flowers or foliage are NEVER property for Crim Dam on ANY land

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15
Q

Would damage to cultivated plants be considered Criminal Damage?

A

Yes - as they are cultivated they are defined as ‘property’. Only wild plants are not property.

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16
Q

What is the first instance in which property can be said to belong to another under Section 1(1) Criminal Damage?

A

1) When somebody has custody or control of the property

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17
Q

What is the second instance in which property can be said to belong to another under Section 1(1) Criminal Damage?

A

2) When somebody has a proprietary right or interest in property

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18
Q

What is the third instance in which property can be said to belong to another under Section 1(1) Criminal Damage?

A

3) When somebody has a charge on the property i.e. delivery companies take charge of the property for a period

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19
Q

Is damage to one’s own property possible under What is the first instance in which property can be said to belong to another under Section 1(1) Criminal Damage?

A

No - it is not possible to damage one’s own property for the basic offence UNLESS except in 3 instances

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20
Q

What is the first exception to the rule that one cannot damage their own property for the basic offence, Section 1(1) Criminal Damage?

A

1) When one’s property is jointly owned with another person

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21
Q

What is the second exception to the rule that one cannot damage their own property for the basic offence, Section 1(1) Criminal Damage?

A

2) When one’s property is in the custody or control of another person

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22
Q

What is the third exception to the rule that one cannot damage their own property for the basic offence, Section 1(1) Criminal Damage?

A

3) When another party is in charge of your property

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23
Q

What is transferred malice in the case of Section 1(1) Criminal Damage?

A

Intending to destroy/damage X object but accidentally destroy/damage Y object

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24
Q

What is the only circumstance in which transferred malice can occur?

A

With like-for-like offences

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25
Q

What is the definition of subjective recklessness in Section 1(1) Criminal Damage, as one of two possible Mens Rea?

A

The defendant foresaw the risk or potential for damage/destruction AND they went ahead and unreasonably took the risk anyway

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26
Q

What is the first lawful defence against a charge of Section 1(1) Criminal Damage?

A

Consent - if, at the time of the act, the offender had the honestly held belief that a person able to give consent to their actions had done so or would have done so had they know, this is a defence

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27
Q

What is the time requirement for a lawful defence of consent under Section 1(1) Criminal Damage?

A

The defendant must have had the honestly held belief they (would have) had consent AT THE TIME OF THEIR ACT of damage of destruction

28
Q

If X mistakenly believed he would have had Y’s consent to damage/destroy the property in question at the time of doing so, would the mistake nullify X’s defence of consent?

A

No - it doesn’t matter if the belief is mistaken for the defence, only that it was honestly held by X at the time of his act

29
Q

What is the second lawful defence against a charge of Section 1(1) Criminal Damage?

A

Protection - if, at the time of the act, the offender had the honestly held belief that the property was in immediate need of protection or the means of protection used were reasonable in the circumstances, this is a defence

30
Q

What is the time requirement for a lawful defence of protection under Section 1(1) Criminal Damage?

A

The defendant must have had the honestly held belief that the property was in immediate need of protection and that his actions were reasonable AT THE TIME OF THEIR ACT of damage of destruction

31
Q

Can Criminal Damage be racially/religiously aggravated and, if so, what will be the consequence?

A

Yes - whereso the sentencing is harsher

32
Q

Which extract of legislation covers Aggravated Damage?

A

Section 1(2) Criminal Damage Act 1971

33
Q

What is Section 1(2), Aggravated Damage?

A

A person who commits Criminal Damage (see previous def) with the intent of endangering the life of another, or being reckless as to whether this would be endangered as a result of their damage/destruction

34
Q

Can one damage one’s own property in respect of Section 1(2), Aggravated Damage?

A

Yes - both one’s own property OR that of another can be damaged for Aggravated Damage

35
Q

What are the two required Mens Rea for Section 1(2), Aggravated Damage?

A

1) Intending to cause, or being reckless as to the destruction/damaging of any property AND
2) Intending to endanger, or being reckless to endangering, the life of another through the criminal damage

36
Q

How is Section 1(2), Aggravated Damage triable?

A

On indictment only, in Crown Court

37
Q

What is the penalty for Section 1(2), Aggravated Damage?

A

Life imprisonment

38
Q

If X intends/is reckless to the endangerment of lift through criminal damage yet the damage itself is only very minimal, would its less serious nature nullify a charge of Aggravated Damage?

A

No - it doesn’t matter whether the damage is significant or minor. The Mens Rea and Actus Rea are in place for a charge of Aggravated Damage

39
Q

What is the only requirement on the damage caused for a charge of Section 1(2), Aggravated Damage?

A

The damage must have been sufficient to have actually endangered life for a charge of Aggravated Damage

40
Q

Which extract of legislation covers Arson?

A

Section 1(3) Criminal Damage Act 1971

41
Q

How is Section 1(3), Arson triable?

A

Either way, in Crown or Magistrates

42
Q

What is the penalty for Section 1(3), Arson on indictment?

A

Life imprisonment

43
Q

What is the penalty for Section 1(3), Arson summarily?

A

6 months’ imprisonment and/or fine

44
Q

For Arson to be triable on indictment does the damage caused need to be of £5000+ cost?

A

No - this applies only to Criminal Damage 1(1). A monetary threshold of damage costs is irrelevant to trial of Arson.

45
Q

What is the Actus Reus Section 1(3), Arson?

A

Destroying or damaging property by fire is arson

46
Q

What is the Mens Rea for Section 1(3), Arson?

A

There is no Mens Rea - Arson is a purely Actus Reus offence

47
Q

What defences are available for Arson?

A

Only general defences. Defences of consent or protection cannot apply due to it being fire.

48
Q

How is Aggravated Arson triable?

A

On indictment only, in Crown Court

49
Q

What is the penalty for Aggravated Arson ?

A

Life imprisonment

50
Q

What is Aggravated Arson?

A

Destroying or damaging property by fire AND intending to endanger, or being reckless as to whether this would endanger, life

51
Q

Whose property can be damaged with Aggravated Arson?

A

Both one’s own property OR that of another can be damaged for Aggravated Arson

52
Q

Which extract of legislation covers Threats to Destroy or Damage Property?

A

Section 2, Criminal Damage Act 1971

53
Q

What is the Actus Reus of Section 2, Threats to Destroy or Damage Property?

A

Without lawful excuse

  • Threatening to destroy/damage the victim or a 3rd party’s property OR
  • Threatening to destroy/damage the offendant’s own property in a way which would endanger the victim or a 3rd party’s life
54
Q

What is the Mens Rea for Section 2, Threats to Destroy or Damage Property?

A

The defendant makes a threat of Criminal Damage INTENDING the other person fear it would be carried out

55
Q

When is the crime of Section 2, Threats to Destroy or Damage Property carried out?

A

As soon as the offendant makes a threat of Criminal Damage INTENDING THE OTHER TO BELIEVE IT WOULD BE CARRIED OUT

56
Q

If X threatens to cause Criminal Damage to property, intending Y to believe it, but Y does not indeed believe the threat, does this nullify a charge of Section 2, Threats to Destroy or Damage Property?

A

No - this is a pure intent offence. The offence is committed as soon as the offender intends another to believe his Crim Dam threat. Whether or not the victim does believe it is irrelevant.

57
Q

If X makes a threat to cause Criminal Damage intending Y to believe it, but the threat itself is impossible to carry out, would this nullify a possible charge of Section 2, Threats to Destroy or Damage Property??

A

No - the impossibility of the threat does not matter. This is an intent offence. Therefore, as soon as X makes the threat (plausible or not) intending someone to believe it, the crime is committed.

58
Q

Which extract of legislation covers Having Articles with Intent to Destroy or Damage Property?

A

Section 3, Criminal Damage Act 1971

59
Q

How is Section 3, Having Articles with Intent to Destroy or Damage Property, triable?

A

Either way, in Crown of Magistrates

60
Q

What is the penalty for Section 3, Having Articles with Intent to Destroy or Damage Property on indictment?

A

10 years’ imprisonment

61
Q

What is the penalty for Section 3, Having Articles with Intent to Destroy or Damage Property summarily?

A

6 months’ imprisonment and/or fine

62
Q

What is the Actus Reus for Section 3, Having Articles with Intent to Destroy or Damage Property?

A

Having anything in his custody or control

63
Q

What is the Mens Rea for Section 3, Having Articles with Intent to Destroy or Damage Property?

A

Having any article in custody/control INTENDING to cause or permit another to use it unlawfully to

  • destroy/damage property of another
  • destroy/damage the user’s property in a way likely to endanger life of another
64
Q

What is the definition of “custody or control” in respect of Section 3, Having Articles with Intent to Destroy or Damage Property?

A

It is very wide - much wider than ‘possession’ and does not need the defendant to have the article in their physical vicinity

65
Q

If X keeps an article “just in case” they need it in the future, not intending to use it, does this negate a legitimate charge of Section 3, Having Articles with Intent to Destroy or Damage Property?

A

No - “conditional intent” is not a defence. The offence is still committed as the intent is still there even if the conditions are not fully realised yet

66
Q

When is the crime of Section 3, Having Articles with Intent to Destroy or Damage Property carried out?

A

As soon as the intent is formed to use the article to destroy/damage property belong to another or one’s own property to endanger the life of another. This is an intent offence.

67
Q

Is it an offence under Section 3, Having Articles with Intent to Destroy or Damage Property to have an article intending to damage your own property in a way which does not endanger any one else’s life?

A

No - this is NOT an offence under Section 3

NWP Special Constable Exam (26 decks)

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