***Criminal Damage

Question 1

What are the THREE lawful excuses for Criminal Damage?

Answer 1

> BELIEVED THE OWNER HAD CONSENTED
(A recovery operator is authorised by a car owner to load the car onto a recovery vehicle, and damages it in the process)

> BELIEVED OWNER WOULD CONSENT IF THE CIRCUMSTANCES WERE KNOWN
(Bird trapped in shed and you smash the window to prevent harm to the bird)

> PROTECTION OF OTHER PROPERTY
(Can do reasonable damage to stop a neighbours taps from running and water over flowing)

Question 2

What is CRIMINAL DAMAGE CDA (a)1971, s1(1)

(a) Criminal Damage Act

Answer 2

A person who
> WITHOUT LAWFUL EXCUSE
                    ⬇️
> DESTROYS OR DAMAGES
                    ⬇️
> ANY PROPERTY BELONGING TO ANOTHER
                    ⬇️
> INTENTIONALLY OR RECKLESSLY
                    ⬇️
Commits an offence

Question 3

What is the definition of ‘destroyed’?

Answer 3

Property incapable of being repaired and therefore must be replaced

Question 4

What is the definition of ‘damaged’?

Answer 4

Property that has suffered some physical harm, impairment, or deterioration

Question 5

What does ‘belonging to another’ mean?

Answer 5

Someone who
> Has custody or control over the property
> Has a proprietary right of interest
> Having a charge of it

Question 6

What is AGGRAVATED DAMAGE CDA 1971, s1(2)?

Answer 6

A person who
> WITHOUT LAWFUL EXCUSE
                    ⬇️
> DESTROYS OR DAMAGES
                    ⬇️
> ANY PROPERTY BELONGING TO HIMSELF OR ANOTHER
                    ⬇️
> INTENTIONALLY OR RECKLESSLY
                    ⬇️
> INTENTIONALLY OR RECKLESSLY ENDANGER LIFE
                    ⬇️
Commits an offence

Question 7

What is ARSON CDA 1971, s1(3)?

Answer 7

A person who...
> WITHOUT LAWFUL EXCUSE
                    ⬇️
> DAMGES OR DESTROYS
                    ⬇️
> BY FIRE
                    ⬇️
> PROPERTY BELONG TO ANOTHER
                    ⬇️
> INTENTIONALLY OR RECKLESSLY
                    ⬇️
Commits an offence

Question 8

What is the difference between s1(1), s1(2) and s1(3)?

Answer 8

s1(1) and s1(3) are both TRIABLE EITHER WAY where as s1(2) is INDICTMENT

Question 9

What is THREATS CDA 1971, s2?

Answer 9

A person who…
> WITHOUT LAWFUL EXCUSE
⬇️
> THREATENS TO DAMAGE/DESTROY PROPERTY BELONGING TO THEM OR ANOTHER
⬇️
> INTENDING THAT THE OTHER WOULD FEAR IT WOULD BE CARRIED OUT, or
⬇️
> THREATENS TO DAMAGE/DESTROY PROPERTY BELONGING TO HIMSELF
⬇️
> IN A WAY HE KNEW IS LIKELY TO ENDANGER LIFE OR LIFE OF ANOTHER

Question 10

What is ARTICLES CDA 1971, s3?

Answer 10

A person who...
> WITHOUT LAWFUL EXCUSE
                    ⬇️
> HAS IN HIS CUSTODY/CONTROL
                    ⬇️
> ANY ARTICLE
                    ⬇
> INTENDING TO USE OR ALLOW ANOTHER TO USE
                    ⬇️
> TO DAMAGE/DESTROY
                    ⬇️
> PROPERTY BELONGING TO ANOTHER
                    ⬇️
> PROPERTY BELONGING TO HIMSELF LIKELY TO ENDANGER LIFE