Criminal Damage

Question 1

Is racially aggravated Criminal Damage an either way offence irrespective of value? (Y/N)

Answer 1

Yes - It does not matter how much the damage came to if the offence is racially or religiously aggravated.

Question 2

How can simple Criminal Damage under £300 be dealt?

Answer 2

By a fixed penalty notice.

Question 3

What is the threshold for Criminal Damage to be tried either way?

Answer 3

£5000

Question 4

Can Criminal Damage be attempted, irrespective of value? (Y/N)

Answer 4

Yes - It does not matter the value is under £5000 or not.

Question 5

Is there a value threshold for Aggravated Criminal Damage? (Y/N)

Answer 5

No! - It does not matter the value of the damage for this offence to be committed.

Question 6

Can Simple Damage be committed against property the offender owns? (Y/N)

Answer 6

No!

Question 7

Can Aggravated Damage be committed against property the offender owns? (Y/N)

Answer 7

Yes!

Question 8

Someone can commit damage by being reckless, what does the term reckless mean?

Answer 8

The offender foresaw by any means the consequences of their actions.

Question 9

Does someone’s life have to be actually endangered for the offence of aggravated damage to be complete? (Y/N)

Answer 9

No! - There must be a possibility of another life being endangered.

Question 10

Does damage have to be permanent? (Y/N)

Answer 10

No! - Damage can be temporary.

Question 11

What are the three circumstances where wild animals can be damaged? (3 Points)

Answer 11

1. Where the animal has been tamed.
2. Where the animal is usually held in captivity.
3. Where the animal has been ‘reduced into possession’ - like a fish that has been caught by a fisherman.

Question 12

Can wild fruit be damaged? (Y/N)

Answer 12

No.

Question 13

If flowers or plants have been cultivated on public or private land, can they be damaged? (Y/N)

Answer 13

Yes

Question 14

Can your own property be damaged if someone else has control over it? (Y/N)

Answer 14

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.

Question 15

Can trademarks be damaged?

Answer 15

No.

Question 16

What are the exceptions for criminal damage being committed against ones own property? (2 Points)

Answer 16

1. There is joint ownership
2. Someone else has control over the property.

Question 17

Would someone who shoots a bullet through a window be convicted of Aggravated Damage? (Y/N)

Answer 17

No - Because it was the bullet itself which held the risk.

Question 18

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)

Answer 18

Yes - as it was the damage which caused this endangerment, not the brick!

Question 19

Can someone endanger their own life within aggravated damage? (y/n)

Answer 19

No!

Question 20

Does it matter if no victim is there or not for the offence of Racially/Religiously aggravated damage to be complete? (Y/N)

Answer 20

No! -

Question 21

When must the religious/racial hostility take place for a religiously/racially aggravated damage offence to take place? (3 Points)

Answer 21

1. Immediately before the act
   2 During the act
2. Immediately after the act.

Question 22

Can you have a lawful excuse to criminal damage to protect your own property? (Y/N)

Answer 22

Yes

Question 23

Can you damage computer programs (intangible property) ? (Y/N)

Answer 23

No.

Question 24

For the offence of Threats to cause criminal damage, must the offender intend the victim to believe their threat? (Y/N)

Answer 24

Yes

Question 25

By Giving someone any item to commit criminal damage, do they commit the offence of HAVING ARTICLES WITH INTENT TO DESTROY OR DAMAGE PROPERTY ? (Y/N)

Answer 25

Yes

Question 26

If someone believes they have consent from the owner to damage property, would they have a defence? (Y/N)

Answer 26

Yes

Question 27

If someone believes they have consent from God to damage property would they have a defence? (Y/N)

Answer 27

No

Question 28

For the defence of protecting property, what are the two elements needed for this defence? (2 points)

Answer 28

1. That it was reasonable damage
2. That it was immediate.