Criminal Damage Flashcards
Basic criminal damage and arson
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
Where is criminal damage found
Criminal damage act 1971
Damage or destroy
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
Property
S10(1) anything tangible
Belonging to another
S10(2) belonging to another
Meaning whomever has possession control charge or rights over the property
Without lawful excuse
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
Intention or recklessness as to damage or destroy property belonging to another
Pembleiton was reckless
G v r weren’t reckless
Mohan
Aggravated criminal damage and arson
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