Criminal Damage Flashcards
Is racially aggravated Criminal Damage an either way offence irrespective of value? (Y/N)
Yes - It does not matter how much the damage came to if the offence is racially or religiously aggravated.
How can simple Criminal Damage under £300 be dealt?
By a fixed penalty notice.
What is the threshold for Criminal Damage to be tried either way?
£5000
Can Criminal Damage be attempted, irrespective of value? (Y/N)
Yes - It does not matter the value is under £5000 or not.
Is there a value threshold for Aggravated Criminal Damage? (Y/N)
No! - It does not matter the value of the damage for this offence to be committed.
Can Simple Damage be committed against property the offender owns? (Y/N)
No!
Can Aggravated Damage be committed against property the offender owns? (Y/N)
Yes!
Someone can commit damage by being reckless, what does the term reckless mean?
The offender foresaw by any means the consequences of their actions.
Does someone’s life have to be actually endangered for the offence of aggravated damage to be complete? (Y/N)
No! - There must be a possibility of another life being endangered.
Does damage have to be permanent? (Y/N)
No! - Damage can be temporary.
What are the three circumstances where wild animals can be damaged? (3 Points)
- Where the animal has been tamed.
- Where the animal is usually held in captivity.
- Where the animal has been ‘reduced into possession’ - like a fish that has been caught by a fisherman.
Can wild fruit be damaged? (Y/N)
No.
If flowers or plants have been cultivated on public or private land, can they be damaged? (Y/N)
Yes
Can your own property be damaged if someone else has control over it? (Y/N)
Yes - For example, if someone goes to a shop where their phone is being repaired, and damages their own phone whilst it is under the control of another for repairs, they have committed criminal damage.
Can trademarks be damaged?
No.
What are the exceptions for criminal damage being committed against ones own property? (2 Points)
- There is joint ownership
- Someone else has control over the property.
Would someone who shoots a bullet through a window be convicted of Aggravated Damage? (Y/N)
No - Because it was the bullet itself which held the risk.
Would someone who throws a brick through a window, and glass shard from the damage slits someones neck, can they be convicted of Aggravated Damage? (Y/N)
Yes - as it was the damage which caused this endangerment, not the brick!
Can someone endanger their own life within aggravated damage? (y/n)
No!
Does it matter if no victim is there or not for the offence of Racially/Religiously aggravated damage to be complete? (Y/N)
No! -
When must the religious/racial hostility take place for a religiously/racially aggravated damage offence to take place? (3 Points)
- Immediately before the act
2 During the act - Immediately after the act.
Can you have a lawful excuse to criminal damage to protect your own property? (Y/N)
Yes
Can you damage computer programs (intangible property) ? (Y/N)
No.
For the offence of Threats to cause criminal damage, must the offender intend the victim to believe their threat? (Y/N)
Yes
