Criminal damage Flashcards
S1(1) criminal damage act 1971
Without lawful excuse - offender may have consented for protection of property
Destroys or damages - levels of damage (actus reas)
Property - what was the property
belonging to another -
Intent - to do damage
Or
Recklessness - unjustified risk/ risk taking
S5(2) criminal damage act 1971 Lawful excuse
A) person believes consent to destruction/damage to the property due to the circumstances
B) protect property - immediate need of protection
S1(2) criminal damage act 1971
Similar to S1(1)
Major difference: INTENDING to ENDANGER LIFE of ANOTHER
OR
RECKLESS to another’s life
+ can be guilty of damaging own property if ^
S1(3) criminal damage act 1971 Arson
Intent
Destroy/damage
Property
By FIRE (more than smoke damage)
Arson punishment
Life
Due to risk
S2 criminal damage act 1971 (threat)
Without Lawful excuse
Threat of fear
A) destroy/damage property
B) destroy/damage property to endanger another
THREAT OF - does not have to commit the act
10 years
S3 criminal damage act 1971 Going equipped
Without lawful excuse
Anything in custody/control
Intent
To use
A) destroy/damage property belonging to another
B) destroy/damage property likely to endanger life