Criminal Damage

Question 1

Section 1(1) Criminal Damage Act 1971

Answer 1

Any person is guilty of an offence who 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

Question 2

Mens Rea Criminal damage

Answer 2

Reckless and intentional

Question 3

Actus Reus of Criminal damage

Answer 3

Damage or destroy with out lawful excuse

Question 4

Property

Answer 4

Tangible nature, whether real or personal,
Money, wild creatures which have been tamed or are ordinarily kept in captivity
Any other wild creatures or their carcasses if they have been reduced into possession
NOT mushrooms/fungus growing wild on any land: or flowers, fruit or foliage of a plant/shrub/tree growing wild on any land.
Land could be damaged, for example, by dumping toxic waste on it.

Question 5

Belonging to Another

Answer 5

Custody or control of it;
Having in it any proprietary right or interest; or
Having a charge on it.

Question 6

Reckless

Answer 6

A circumstance when he/she isawareof a risk that it exists or will exist;

a result when he/she isawareof the risk that it will occur;

Question 7

Section 1(2) - Aggravated Damage

Answer 7

A person is guilty of an offence who, without lawful excuse destroys or damages any property whether belonging to himself or another;
intending to destroy or damage any property ; or being reckless as to whether any property would be destroyed or damaged AND
intending by the destruction or the damage to endanger the life of another or being reckless as to whether the life of another would be thereby be endangered

Question 8

Arson Sect 1(3) - Criminal Damage

Answer 8

Any offence committed under the criminal Damage Act 1971 of destroying or damaging property by fire shall be charged as Arson.

Question 9

SEC2 threats to destroy property

Answer 9

Without lawful excuse, makes to another a threat, intending the other to fear it would be carried out to;

destroy or damage any property belonging to that other or a third person or;

destroy or damage (his/her) property in a way which (he/she) knows is likely to endanger the life of that other or a third person.

Question 10

Threat Criminal damage

Answer 10

May be oral or written
May be made to the person whose property is to be damaged or to another person

Question 11

Section 3 - Having Articles with Intent to Destroy/Damage Property or Endanger life

Answer 11

Has anything in their custody/under their control, intending without lawful excuse to use it or cause or permit another to use it to;

Destroy/damage property belonging to another person; or

Destroy/damage (his/her) own or the user’s property in a way which (he/she) knows is likely to endanger the life of some other person