Criminal Damage Flashcards
If JOE takes his laptop to get fixed and they charge him £100. He is annoyed by this and smashes up the laptop. Has he committed crim dam ?
Yes. As at the time the laptop belongs to the company who have fixed it.
Would mutilation of pets or farm animals be criminal damage ?
Yes.
For AGGD criminal damage, does it matter if the damage turned out to be minor ?
NO. What matters is that the defendant foresaw the risk of endangerment to the life of another. They intended to endanger the life of another or was subjectively reckless as to wether another’s life would be endangered.
When is the offence of threats to destroy or damage property completed ?
At the time the threat is made as long as the person making out the threat INTENDED the other person to believe the threat would be carried out.
If someone found a driving license and hired a car and then damaged the car would this be agg twoc?
No. It wasn’t twoc to begin with, even though it wasn’t their Lisence it was true consent.
If a bullet went through a shop window and narrowly missed someone would this constitute AGG crim dam ?
NO. Be careful with this type of question. Although the bullet endangered someone’s life, the actual criminal damage - the window breaking - didn’t.