Criminal Damage Flashcards
What is the definition of the offence of Threats to destroy or damage?
S.2 Criminal Damage Act 1971
Without lawful excuse makes to another a threat,
intending that the other fear it would be carried out,
a) To destroy or damage any property belonging to that other or a third person;
or
b) To destroy or damage his own property in a way which he knows is likely to endanger the life of that other or third person
In the offence of Threats to Destroy or Damage what are the points to prove ‘Intending the other to Fear’
D must INTEND the victim to fear that damage will be done, even if there is no intention to carry it out
or
the victim has to believe that it will be carried out for the offence to be complete
What kind of offence is Threats to damage and what is the max sentence ?
Triable either way
summary - 6 months
on indictment - 10 years max
In the offence of possessing anything with the intent to destroy to damage property, what is counted as ‘In their Possession?’
Actual Possession - readily at hand, in a pocket, in a bag carrying , next to them in the car
Constructive possession - somewhere that they have control over, a lock up garage that only they have the keys for,
in their house, in their car
Definition of Robbery?
A person commits robbery,
who steals
and immediately before OR at the time of doing so and in order to do so
uses force on any person
or puts or seeks to put any person in fear of being THEN and THERE subjected to force
What are the no.1 rules for the offence of robbery to be complete?
- The 5 elements on theft must be present .
no theft = no robbery
2.. Requires an unbroken chain of events between force being used and the theft even though many hours may have elapsed
- The force used or putting in fear must be in order to commit the theft not to make good an escape after the theft was committed.
- A person must be capable of understanding or feeling fear
