Criminal Damage Flashcards
What is the offence of Criminal Damage?
Committed by a person who without lawful excuse
Destroys or damages
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
Do police officers have the power of entry to search premises in order to prevent serious damage to property?
Yes, under s17 (1)(e) of the PACE act 1984
Lawful Excuses for Criminal Damage?
Permission from the owner of the property (or honestly believe it would have been given)
Their own or another’s property was in immediate need of protection by reasonable means
What is the approiate test of recklessness for criminal damage?
A person who acts recklessly with respect to:
- A circumstance when they are aware of a risk existing
- A result when they are aware of the risk occuring
and it is in the circumstances unreasonable to take the risk
Example of recklessness in criminal damage?
Someone aware that kicking a football at a window may break it but continuing to kick the ball and breaking the window.
When is criminal damage tried summarily?
Value of damage is less than £5,000
What act does aggravated criminal damage fall under?
s1 (2) of the Criminal Damage Act 1971
What is aggravated criminal damage?
Commited by a person who destroys or damages property intending (or being reckless as) to endanger life.
Only a necessity to prove the damage was caused intentionally or recklessly and potential for harm
Property can belong to another person or the offender
What act does arson fall under?
s1 (3) of the Criminal Damage Act 1971
What is Arson?
Arson is destroying or damaging property by fire.
Must be an intent or recklessness.
What act does criminal damage fall under?
S2 of the Criminal Damage Act 1971
What is a threat to damage?
Threat must refer to damage and the threatened damage must constitute criminal damage
Offence for a person who without lawful excuse
make a threat to another intending that the other to fear it would be carried out
to destroy or damage property belonging to them or a third person
OR to destroy or damage their own property in a way which they know is likely to endanger life
(Threat cannot contain recklessness)
What is the offence of possessing an article with intent to cause criminal damage?
It is an offence for a person to have an article in thier custody or under their control
intending without lawful excuse
to use it of cause or permit another to use it
to destroy or damage any property belonging to some other person
or destroy or damage their own/others property in a way which is likely to endanger anothers life
What act does criminal damage come under?
s1 (1) of the Criminal Damage Act 1971
