Criminal Damage Flashcards

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1
Q

For simple criminal damage, what constitutes “damage”?

A

The element of costs to rectify/replace the property. So, spitting on someone’s jacket wouldn’t qualify as this could be wiped away to restore the jacket.

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1
Q

For simple criminal damage, what is “property”?

A

Tangible items, including animals tamed or kept in captivity.

Wild mushrooms, fruit, flowers, foliage, or plants are not.

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2
Q

Simple criminal damage - MR

A

Intention/recklessness to destroy or damage property belonging to another
+
Knowledge or belief that the property belongs to another

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3
Q

Simple criminal damage - lawful excuse

A

Honest belief in the owner’s consent - subjective

Protection of property
- Was D’s purpose to protect property - objective
- If yes, did D honestly believe that the property needed immediate protection and that the means adopted were reasonable (subjective)?

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4
Q

Arson

A

AR + MR of simple criminal damage + by fire

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5
Q

Aggravated criminal damage - AR + MR

A

AR - Destroy or damage property belonging to SELF or another; lawful excuses don’t apply

MR - Intention/recklessness to destroy or damage property; intention/recklessness to endanger life

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6
Q

Aggravated arson - AR + MR

A

AR - Destroy or damage property belonging to SELF or another by fire; lawful excuses don’t apply

MR - Intention/recklessness to destroy or damage property; intention/recklessness to endanger life

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