Criminal Damage Flashcards
What type of offence is criminal damage?
Either way offence
What is the maximum sentence for criminal damage?
10 years
What is the legislation for criminal damage?
Criminal Damage Act 1971 Sections 1-3
What is the definition of criminal damage?
Without lawful excuse, destroying or damaging any property belonging to another intending to destroy or damage it or being reckless as to whether any such property would be damaged or destroyed
What does lawful excuse to commit criminal damage mean?
- They believed they own or have consent to damage the property.
- Police, firemen etc have the lawful excuse to break doors/ windows if needed
- They believe that they would have consent if the owner knew the full facts
What does damaged mean?
Damage means harmed, made less useful, made less valuable, made unworkable or just defaced
Damage does not need to be permanent
What does destroyed mean?
Destroyed would usually mean leaving the article beyond repair
Can property be intangible and tangible for criminal damage?
Property must be tangible
Real or personal property including money/ land
Does the property damaged have to be the property intended?
Transferred malice is applicable - thus, it does not matter if the property damaged is not the property intended
What does reckless mean?
Committing the act and not thinking of the risk of damage
Recognising the risk of damage and goes on to commit the act anyway
What is arson?
Criminal damage with fire
What does section 2 of the Criminal Damage Act 1971 state?
A person without lawful excuse makes a threat to another, intending that the other would fear it be carried out to:
a) destroy or damage any property belonging to the other or third party
b) destroy or damage his own property in a way which he knows is likely to endanger the life of the other person
What does section 3 of the Criminal Damage Act 1971 state?
Having articles with the intent to destroy or damage property is guilty of an offence
