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police training > Criminal Damage > Flashcards

Criminal Damage Flashcards

1
Q

Define criminal damage section 1(1)

A

A person who 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

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2
Q

What type of offence is criminal damage section 1(1)

A

Either way

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3
Q

Is their an offence for attempted criminal damage section 1(1)?

A

Yes

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4
Q

What is max sentence for criminal damage section 1(1)

A

10 years

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5
Q

First point to prove for criminal damage section 1(1)

A

Without lawful excuse

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6
Q

Give an example of a lawful excuse to cause criminal damage section 1(1)

A

If a child’s head was caught in some railings and a person cut the railings without permission to release the child

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7
Q

2nd point to prove for criminal damage act 1(1)

A

Destroys or damages

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8
Q

Give 2 examples of destroy

A

Break up machine, tear up document

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9
Q

Give 2 examples of damage

A

Denting a car, cracking watch glass

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10
Q

3rd point to prove for criminal damage 1(1)

A

Property

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11
Q

What does property not include

A

Mushrooms, flowers, fruit, foliage, wild creatures not belonging to anyone and not reduced into captivity

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12
Q

4th point to prove for criminal damage 1(1)

A

Belonging to another

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13
Q

Types of ‘belonging to another’

A
  • have control of it (delivery driver)
  • proprietary right or interest (ownership)
  • Have charge of it (building society or mortgage)
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14
Q

5th point to prove for criminal damage 1(1)

A

Intending

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15
Q

6th point to prove for criminal damage 1(1)

A

Reckless

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16
Q

What is a reckless act

A

Act which creates an obvious risk

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17
Q

When is a person reckless

A

When he or she is aware of a risk and still acts on it

18
Q

When is a person not reckless

A

If the person genuinely percieves the risks (age/mental capacity)

19
Q

What year is the criminal damage act

A

1971

20
Q

What is the criminal dmaage act section 2 1971 about

A

Threats to destroy/damage property

21
Q

What type of offence is threats to destroy/damage property

A

Either way

22
Q

What is max sentence for threats to destoy/damage

A

10 years

23
Q

What are the 1st way a person can threaten to destroy damage or property

A

threat to detroy or damage any property belonging to another

24
Q

What is the 2nd way a person can threaten to destroy damage or property

A

threat to detroy or damage property in a way that is likely to cause damage to a person

25
Q

What is the criminal damage act 1(2)

A

Damage to endanger life

26
Q

What type of offence is damage to endanger

A

indictable

27
Q

What is max sentece for damage to endanger

A

life

28
Q

How does act 1(2) differ to 1(1)

A
  • Can be own property does not have to be someone els
  • No injury has to be caused
  • Has to be anothe persons life not perpetrators
29
Q

What is criminal damage act section 3

A

Possession with intent to commit criminal damage

30
Q

What type of offence is Possession with intent to commit criminal damage

A

Either way

31
Q

What is max sentence for Possession with intent to commit criminal damage

A

10 years

32
Q

Whos property is included in Possession with intent to commit criminal damage

A

perpatrators and anyone els’s if damage to perpatrators will cause risk to life

33
Q

What is section 1(3) criminal damage act

A

Arson

34
Q

What type of offence is arson

A

Either way

35
Q

What is max sentence for arson

A

Life

36
Q

What are 3 neccesities for arson

A
  • Must have fire
  • Must be intent or reckless
  • Must be fire damage not smoke damage
37
Q

What offence is attempt criminal damage

A

Either way or indictable

38
Q

Define an attempt

A

Act that is more than merely preparatory, last step before the offence is committed

39
Q

Where is racially aggravated criminal damage found

A

Section 30 crime and disorder act 1998

40
Q

What type of offence is racially aggravated criminal damage

A

either way

41
Q

What is max sentence for racially aggravated criminal damage

A

14 years

police training (33 decks)

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