criminal damage

Question 1

what year was the criminal damage act

Answer 1

1971

Question 2

what is the law relating to criminal damage

Answer 2

a person who without lawful excuse destroys or damages any such property belonging to another intention 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

Question 3

how many sections of the criminal damage act is there

Answer 3

3

Question 4

what are the three sections in the act

Answer 4

section one-basic
section two- aggravated
section three-arson

Question 5

what is section one basic criminal damage

Answer 5

damage/destruction of property belonging to another- intention/ reckless

Question 6

what is section two aggravated criminal damage

Answer 6

with intention to endanger life or being reckless as to whether life is endangered

Question 7

what is section three arson criminal damage

Answer 7

defined as destroying or damaging property by fire

Question 8

what is the actus reus of criminal damage

Answer 8

consists of damaging or destroying property belonging to to another

Question 9

what will the jury decide in the actus reus

Answer 9

whether or not the property has been damaged and the extent of the damage

Question 10

what case relates actus reus of criminal damage

Answer 10

R v Fiak 2005

Question 11

what happens in the case R v Fiak 2005

Answer 11

prisoner blocked toilet in cell and floors two other cells he had caused damage to the blanket and the cells which could not be used until they were clean LP- even if damage can be fixed it would still be an offence

Question 12

what is the men’s rea of criminal damage

Answer 12

the intention to raise damage or destroy property

Question 13

what happens if the defendant acted recklessly in the men’s rea

Answer 13

apply a subjective test by asking did the defendant realise the risk and decide to take the risk

Question 14

what case related to the men’s rea of fraud

Answer 14

R v G and another 2003

Question 15

what happened in the case R v G and another 2003 relating to the men’s rea

Answer 15

defendant set fire to non and didn’t realise it would speed it then spread to bin and shops they were convicted under section 1 and 3 house of lords quashed the conviction stating that appropriate test should be used

Question 16

what is the actus reus of criminal damage that is aggravated

Answer 16

defendant damaged or destroyed any property

Question 17

what is the men’s rea of aggravated criminal damage

Answer 17

intention or recklessness related to damaging or destroying property and intention related to endangering life

Question 18

what is the case that related to aggravated criminal damage

Answer 18

R v Dudley 1989

Question 19

what happens in the case R b Dudley 1989 relating to aggravated criminal damage

Answer 19

D the petrol bomb as house D was convicted LP- actus reis and mens rea were established as he threw the bomb and he intended to endanger life by fire damage

Question 20

what is the actus reus of arson criminal damage

Answer 20

damage or destruction caused by fire

Question 21

what is the men’s tea of arson criminal damage

Answer 21

intention or recklessness as to damaging property belonging to another by fire

Question 22

what a lawful excuse

Answer 22

he believed that the person believed to be entitled to consent to the destruction or damage
he destroyed or damaged the perpetrating question in order to protect property belonging to himself or another