Criminal Damage Flashcards
What section of the criminal damages act 1971 defines criminal damage?
What is the definition of criminal damage?
S.1(1)
‘A person who 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 would be destroyed or damaged
Shall be guilty of an offence’
What year was the criminal damages act?
1971
What would be a lawful excuse for causing damage to another persons property?
Fireman /police breaking in to a premises to preserve/protect life
What Is meant by destroy?
Irrepairable
Why is meant be damage?
Take the goodness out of something, making it less valuable
What is classed as ‘property’?
Personal property including money and real estate (land)
Doesn’t include un-tended to land (ie bushes growing wild in the countryside)
What is covered by ‘something belonging to another’?
Anything in someone’s control/custody - someone being is charge of something (not just owned)
What is meant by intent?
A deliberate act
What is meant by reckless?
That in the circumstances the person had to see that there was a risk that something may get damaged in doing what they were doing
Which section of criminal damages act 1971 covers the intention to endanger life as reckless to life endangered?
S.1(2)
What section of criminal damages act 1971 covers arson?
S1(3)
Although arson with the intention to endanger life would come under s1(2)
What does section 2 of the criminal damages act 1971 cover?
Threats to cause damage/endanger life
The threat can be delivered verbally or written
What does section 3 of criminal damages act 1971 cover?
Possession of items with intent to destroy /damage property or endanger life.
What do sections 1(1/2/3), section 2 and section 3 of criminal damages act 1971 cover?
S.1(1) - definition of criminal damage
S.1(2) - with intent to endanger life
S.1(3) - arson
S.2 - threats to destroy / cause damage / endanger life
S.3 - possession of items with intent to destroy / damage property or endanger life