Criminal damage Flashcards
what is the definition of criminal damage?
Any person without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to wether any such property would be destroyed or damaged commits an offence
what is a lawful excuse to cause criminal damage?
- saving life or limb
- consent (even if this is wrong) (ie house on fire)
what is transferred malice?
Intending to damage 1 thing and in the act damaging another
what is meant by Actus Reus?
a persons actions
what is meant by mens rea?
a guilty mind
What is ‘property’ under the criminal damage act 1971
Anything tangible - that you can touch but not wild flowers
What part of the criminal damage act does lawful excuse come under?
Section 5 of the criminal damage act 1971
What does belonging to another mean under crim dam act 1971?
- who has custody or control of it
- having a proprietry right or interest
- having a charge on it
Damage with intent to endanger life: does the ownership of the property make any difference?
No
Not a point to prove
What is arson?
Criminal damage by fire
Foreseeing a risk and taking the risk anyway - which legal term could this define?
Recklessness
May an offence of threatening to commit damage ever be proved if the threat was not believed by anyone?
Yes
Not a point to prove
May an offence of threatening to commit damage be proved if there is no intent to cause fear that the threat would be carried out?
No
This is a point to prove
