Criminal Damage Flashcards

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0
Q

Basic criminal damage and arson

A

S1(1) damage or destruction to property belonging to another without unlawful excuse and intention or recklessness as to destroy or damage property
S1(3) for arson add by fire

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1
Q

Where is criminal damage found

A

Criminal damage act 1971

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2
Q

Damage or destroy

A
Damage - needs fixing
Destroy - rendered useless
Gay ford and chauler must be more than minimal and hostile
Row and kingerlee
A v r 
Morphitis and salmon - integrity
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3
Q

Property

A

S10(1) anything tangible

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4
Q

Belonging to another

A

S10(2) belonging to another

Meaning whomever has possession control charge or rights over the property

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5
Q

Without lawful excuse

A

S5(1a) believed the owner would have consented to the damage Denton
S5(3) intoxication and wrong consent is ok as in jaggard and Dickinson
S5(1b) protection of property from immediate damage baker

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6
Q

Intention or recklessness as to damage or destroy property belonging to another

A

Pembleiton was reckless
G v r weren’t reckless
Mohan

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7
Q

Aggravated criminal damage and arson

A

S1(2) same elements - lawful excuse and + intention or recklessness as to endanger life by the damage or destruction and can belong to himself
S1(4) by fire for arson

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