Criminal Damage Flashcards
Explain the 3 sections of criminal damage
- Section 1 - Criminal Damage
- Section 2 - Threats to damage
- Section 3 - Possessing an article with intent to cause criminal damage
Define Section 1(1) Criminal Damage Act 1971
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
State defences for Section 1(1) Criminal Damage Act 1971
- Consent
- Protection
Damage Endangering Another’s Life S1(2) CDA 1971
A person who without lawful excuse, destroys or damages any
property, whether belonging to himself or another
(a) Intending to destroy or damage any property or being reckless as to whether any property would be destroyed or damaged AND
(b) 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
Define Section 1(3) Criminal Damage Act 1971
A person is guilty of arson, if some of the damage or destruction is caused by fire
Define Threats to Destroy or Damage Property S2 CDA 1971
A person without lawful excuse makes to another a threat, intending that the other would fear it would be carried out
To destroy or damage any 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 a third person
Define Possessing anything with intent to destroy or damage
property or endanger life S3 CDA 1971
An offence is committed by a person who has an article in their custody or under their control, intending without lawful excuse, to use it or cause or permit another to use it
to destroy/or damage any property belonging to some other person OR
To destroy/or damage their own or the user’s property in a way which they know is likely to endanger the life of some other person
