Criminal Damage

Question 1

define criminal damage

Answer 1

Section 1 (1)Criminal damage act 1971 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

Question 2

define recklessness

Answer 2

Considered under a two step system.
1. The defendant is aware of the risk. They foresee the risk of consequence either destruction or damage being caused
2. They have nevertheless go ahead and unreasonably take the risk anyway

Question 3

define Section 1(2) Criminal damage act 1971

Answer 3

endangering life -
without lawful excuse, destroys or damages any property 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.

Question 4

Criminal damage with arson

Answer 4

Section 1(3) Criminal damage act 1971
There must be a degree of fire damage as well as a element of intent/recklessness.

Question 5

intending criminal damage

Answer 5

Section 2 criminal damage act 1971
without lawful excuse makes to another a threat, intending that the other would fear it would be carried out.
a) To destroy or damage property belonging to that other or a third person OR
b) 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

Question 6

Section 3 Criminal Damage act 1971

Answer 6

by a person who has an article in their custody or under their control intending without lawful excuse, to use or cause or permit another to use it.

A) To destroy or damage any property belonging to some other person. OR

B) To destroy or damage their own or another property in a way which they know is likely to endanger the life of some other person.