Criminal Damage

Question 1

Criminal damage act 1971

Section 1

Answer 1

Criminal damage is…

A 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 whether any such property would be destroyed or damaged.

Question 2

Destroys definition

Answer 2

Destroy means rendered useless, usually amounting to the article being beyond repair.

Question 3

Damage- proof required

Answer 3

Damage to property.

No need to prove that the damage was to the property is in anyway permanent or irreparable.

Question 4

Criminal damage act 1971
Section 1 (2)

Aggravated damage

Answer 4

A person without lawful excuse

Destroys, damages any property belonging to himself or another

Intending to destroy or damage any property or being reckless as to whether any property would be destroyed or damaged.

Intending by the destruction or damage to endanger life of another or being reckless as to whether the life of another would be thereby endangered

Question 5

Criminal damage act 1971
Section 2

Threats to damage

Answer 5

A person without lawful excuse makes another threat, intending that the other would fear it would be carried out.

To destroy or damage any property belonging to that other or a third person.

Or

Destroy or damage his own property in a way which he knows is likely to endanger the life of the other or third person

Question 6

Crime and disorder act 1998
Section 30

Racially, religiously aggravated criminal damage.

Answer 6

At the time, immediately before or after doing so

The offender demonstrates to victim

Hositility based on victims membership, either real or presumed, of a racial or religious group

Or

Offence is motivated wholly or partly by hostility towards members of a racial or religious group based on their membership of that group