Criminal Damage

Question 1

What legislation relates to Criminal Damage?

Answer 1

Criminal Damage Act 1971

Question 2

Define S1 (1) Criminal Damage Act 1971

Answer 2

ANY PERSON WHO WITHOUT LAWFUL EXCUSE
DESTROYS OR DAMAGE ANY PROPERTY BELONGING TO ANOTHER
INTENDING TO DESTROY OR DAMAGE SUCH PROPERTY
OR BEING RECKLESS AS TO WHETHER ANY SUCH PROPERTY WOULD BE DESTROYED OR DAMAGE WILL BE GUILTY OF AN OFFENCE.

Question 3

What are the Points to Prove in Criminal Damage?

Answer 3

DATE + LOCATION

WITHOUT LAWFUL EXCUSE

DESTROYED/DAMAGED PROPERTY

INTENDING TO DESTROY/DAMAGE
OR BEING RECKLESS AS TO WHETHER IT WAS DESTROYED OR DAMAGED

Question 4

What are lawful excuses of Criminal Damage?

Answer 4

CONSENT

PROTECTION

Question 5

Explain Reckless

Answer 5

Defendant is aware of risk,
foresees risk or destruction or damage, nevertheless, goes ahead and unreasonable takes risk.

Question 6

What does S1 (2) Criminal Damage Act 1971 refer to?

Answer 6

DAMAGE ENDANGERING ANOTHER PERSON’S LIFE.

Question 7

Define S1 (2) Criminal Damage Act 1971

Answer 7

A person who without lawful excuse
destroys or damages property belonging to himself or others

-Intending to destroy or damage any property or being reckless as to whether any such 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 endangered.

Question 8

What does S1 (3) Criminal Damage Act 1971 refer to?

Answer 8

ARSON

Question 9

Which legislation does Arson relate to?

Answer 9

S1 (3) Criminal Damage Act 1971

Question 10

Which legislation does Aggravated Criminal Damage relate to?

Answer 10

Section 1(2) Criminal Damage Act 1971

Question 11

Which Legislation does Threats to Destroy or Damage Property relate to?

Answer 11

S2 Criminal Damage Act 1971

Question 12

Define S2 Criminal Damage Act 1971

Answer 12

A person who without lawful excuse makes to another a threat, intending that the other would fear it be carried out

to destroy or damage property belonging to that other or a third person

OR

to destroy or damage their own property in a way which they know is likely to endanger the life of that other or third person.

Question 13

What legislation is possessing anything with intent to destroy or damage or endanger life

Answer 13

Section 3 Criminal Damage Act 1971

Question 14

Explain S3 Criminal Damage Act 1971

Answer 14

Possessing article (anything that could cause damage)
Must be in their custody or control
Use or allow another to use it
Damage their own or someone else’s property in a way which is likely to endanger life
Going equipped for criminal damage