criminal damage Flashcards
what year was the criminal damage act
1971
what is the law relating to criminal damage
a person who without lawful excuse destroys or damages any such property belonging to another with 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
how many sections of the criminal damage act is there
3
what are the three sections in the act
section one-basic
section two- aggravated
section three-arson
what is section one basic criminal damage
damage/destruction of property belonging to another- intention/ reckless
what is section two aggravated criminal damage
with intention to endanger life or being reckless as to whether life is endangered
what is section three arson criminal damage
defined as destroying or damaging property by fire
what is the actus reus of criminal damage
consists of damaging or destroying property belonging to to another
what will the jury decide in the actus reus
whether or not the property has been damaged and the extent of the damage
what case relates actus reus of criminal damage
R v Fiak 2005
what happens in the case R v Fiak 2005
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
what is the men’s rea of criminal damage
the intention to raise damage or destroy property
what happens if the defendant acted recklessly in the men’s rea
apply a subjective test by asking did the defendant realise the risk and decide to take the risk
what case related to the men’s rea of criminal damage
R v G and another 2003
what happened in the case R v G and another 2003 relating to the men’s rea
defendant set fire to a newspaper 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
what is the actus reus of criminal damage that is aggravated
defendant damaged or destroyed any property, with intent to endagner life or cause serious injury
what is the men’s rea of aggravated criminal damage
intention or recklessness related to damaging or destroying property and intention related to endangering life
what is the case that related to aggravated criminal damage
R v Dudley 1989
what happens in the case R b Dudley 1989 relating to aggravated criminal damage
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
what is the actus reus of arson criminal damage
damage or destruction caused by fire
what is the men’s tea of arson criminal damage
intention or recklessness as to damaging property belonging to another by fire
what a lawful excuse
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
