Criminal Damage Flashcards
What can be damaged under sect 1 criminal damage act 1971?
The object must be “real” or something tangible. It can be land or money. It includes wild animals in captivity. Jointly owned property can also be damaged.
How is reckless defined with regard to criminal damage?
The person is aware of a circumstance where a risk exists or will exist. There is an awareness of a risk and it is is unreasonable to take the risk. eg weed killer near fish.
What lawful excuse would a person have to cause damage to anothers property
Believed that the they had permission from the owner of the property and if their property was in need of immediate protection.
What value of the property damaged would warrant the offence to be tried by summary?
If the value is £5000 or lower.
What is meant by destroys?
It is beyond repair
What is meant by damages?
Damage is not permanent but will involve a cost of time and money to repair
What can you not damage?
FFFF, wild creatures not belonging to anyone or not kept in captivity.
