Criminal Damage Flashcards
Define criminal damage section 1(1)
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
What type of offence is criminal damage section 1(1)
Either way
Is their an offence for attempted criminal damage section 1(1)?
Yes
What is max sentence for criminal damage section 1(1)
10 years
First point to prove for criminal damage section 1(1)
Without lawful excuse
Give an example of a lawful excuse to cause criminal damage section 1(1)
If a child’s head was caught in some railings and a person cut the railings without permission to release the child
2nd point to prove for criminal damage act 1(1)
Destroys or damages
Give 2 examples of destroy
Break up machine, tear up document
Give 2 examples of damage
Denting a car, cracking watch glass
3rd point to prove for criminal damage 1(1)
Property
What does property not include
Mushrooms, flowers, fruit, foliage, wild creatures not belonging to anyone and not reduced into captivity
4th point to prove for criminal damage 1(1)
Belonging to another
Types of ‘belonging to another’
- have control of it (delivery driver)
- proprietary right or interest (ownership)
- Have charge of it (building society or mortgage)
5th point to prove for criminal damage 1(1)
Intending
6th point to prove for criminal damage 1(1)
Reckless
What is a reckless act
Act which creates an obvious risk
When is a person reckless
When he or she is aware of a risk and still acts on it
When is a person not reckless
If the person genuinely percieves the risks (age/mental capacity)
What year is the criminal damage act
1971
What is the criminal dmaage act section 2 1971 about
Threats to destroy/damage property
What type of offence is threats to destroy/damage property
Either way
What is max sentence for threats to destoy/damage
10 years
What are the 1st way a person can threaten to destroy damage or property
threat to detroy or damage any property belonging to another
What is the 2nd way a person can threaten to destroy damage or property
threat to detroy or damage property in a way that is likely to cause damage to a person
What is the criminal damage act 1(2)
Damage to endanger life
What type of offence is damage to endanger
indictable
What is max sentece for damage to endanger
life
How does act 1(2) differ to 1(1)
- 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
What is criminal damage act section 3
Possession with intent to commit criminal damage
What type of offence is Possession with intent to commit criminal damage
Either way
What is max sentence for Possession with intent to commit criminal damage
10 years
Whos property is included in Possession with intent to commit criminal damage
perpatrators and anyone els’s if damage to perpatrators will cause risk to life
What is section 1(3) criminal damage act
Arson
What type of offence is arson
Either way
What is max sentence for arson
Life
What are 3 neccesities for arson
- Must have fire
- Must be intent or reckless
- Must be fire damage not smoke damage
What offence is attempt criminal damage
Either way or indictable
Define an attempt
Act that is more than merely preparatory, last step before the offence is committed
Where is racially aggravated criminal damage found
Section 30 crime and disorder act 1998
What type of offence is racially aggravated criminal damage
either way
What is max sentence for racially aggravated criminal damage
14 years
