criminal damage

Question 1

what is section 1 of the criminal damage act

Answer 1

intending to damage/destroy property or being reckless as to whether it’ll be damaged/destroyed

Question 2

what elements do you need to prove

Answer 2

• consent / belief of ownership
• reasonable behaviour
• to protect property

Question 3

section 1 triable either way time

Answer 3

only summarily if damage is less than a value of £5,000: maximum level 4 fine and/or 3 months

triable either way if value is more than a value of £5,000:
- summarily = level 5 fine and/or 6 months
- indictable = max 10 years

Question 4

property must be tangible. what does it not include

Answer 4

wild mushrooms
flowers
fruit
foliage

Question 5

belonging to another concept: need to establish if someone had -

Answer 5

custody of the object
control of the object
a proprietary right / interest or a charge on it

Question 6

what is section 1(1) of the criminal damage act

Answer 6

a person who without lawful excuse destroys or damages any property belonging to another with intent or being reckless

Question 7

section 1(1) triable either way

Answer 7

indictment: max 10 years
summarily: max 6 months

Question 8

what is section 1(2) of the criminal damage act 1971

Answer 8

damage endangering another’s life

without lawful excuse - destroying/damaging any property with intent or being reckless and intending/being reckless to endanger the life of another

no lawful excuse for this

Question 9

what is section 1(3) of the criminal damage act

Answer 9

arson

triable either way

summarily: 6 months imprisonment and/or a fine
indictment: max life imprisonment

Question 10

what section is threats to destroy/damage property

Answer 10

section 2 Criminal Damage Act 1971

Question 11

what is custody/control of articles with intent to damage and the section

Answer 11

section 3 Criminal Damage Act 1971

a person who has anything in his custody/control intending without lawful excuse to use or cause or permit another to use it to destroy/damage property and endanger life of some other person

sunmarily: 6 months imprisonment
indictable: maximum 10 years

Question 12

what is racially/religiously aggravated criminal damage and what section is it

Answer 12

section 30 of crime and disorder act 1998

if he commits an offence under s.1(1) of the criminal damage act 1971 which is racially/religiously aggravated

eg targeting a mosque