Criminal damage Flashcards

1
Q

S1(1) criminal damage act 1971

A

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

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2
Q

S5(2) criminal damage act 1971 Lawful excuse

A

A) person believes consent to destruction/damage to the property due to the circumstances
B) protect property - immediate need of protection

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3
Q

S1(2) criminal damage act 1971

A

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 ^

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4
Q

S1(3) criminal damage act 1971 Arson

A

Intent
Destroy/damage
Property
By FIRE (more than smoke damage)

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5
Q

Arson punishment

A

Life
Due to risk

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6
Q

S2 criminal damage act 1971 (threat)

A

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

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7
Q

S3 criminal damage act 1971 Going equipped

A

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

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