Criminal Damage Flashcards
Criminal damage section 1 definition?
Without lawful excuse destroys or damages property belonging to another, intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged.
Criminal damage must be to something real; that is something you can touch and includes wild animals in captivity. True or false?
True.
Criminal damage can include land, true or false?
True.
Criminal damage can include wild flowers? True or false?
False, criminal damage does not cover wild flowers.
Is it possible for somebody to criminally damage their own property?
Yes it is possible for somebody to criminally damage their own property but only if it is jointly owned.
In criminal damage it is enough to be reckless to cause the damage even if the suspect did not intend to cause the damage?
Yes it is enough to be reckless.
What are the two lawful excuses/possible defences for criminal damage (s1)
-He had permission from the owner of the property
-That his own property was in immediate need of protection by reasonable means.
ROBYN after her arrest for drunk and disorderly smears her own excrement on the walls of the police station cell. Does this constitute criminal damage?
Yes.the walls have not been destroyed but have been damaged. The cost of the cleaning will amount to the cost of the damage.
After being charged for criminal damage for smearing the police station cell with excrement ROBYN argues that she was drunk, does she have a defence?
No she does not unless her intoxication was not self induced. (Spiked)
How is criminal damage section 1 triable?
Either way.
In criminal damage life endangered (s1(2)) is there any requirement for anyone to be harmed or killed, or is it enough that the damage was caused intentionally or recklessly and there was potential for somebody to be harmed or killed?
There is no harm required just that the suspect intended or was reckless enough to cause the potential for harm.
A suspect shoots at somebody in a room through a window. Both causing criminal damage and endangering life. Would this fall under criminal damage life endangered?
No. Because the endangerment must come from the criminal damage. In this case it would be the bullet that causes endangerment and not the breaking of the glass so does not meet the criteria of criminal damage life endangered.
This is established case law.
Threats to damage; S2 of the criminal damage act 1971 definition?
It is an offence for a person without lawful excuse, makes to another a threat intending that the other would fear it would be carried out,
To destroy or damage any property belonging to that or a Third person
Or
To destroy or damage his own property in a way which he knows is likely to endanger the life of that or a third person.
What is s3 of the criminal damage act 1971?
Possessing an article with intent to cause criminal damage.
