Criminal Damage

Question 1

Define criminal damage section 1(1)

Answer 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

Question 2

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

Answer 2

Either way

Question 3

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

Answer 3

Yes

Question 4

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

Answer 4

10 years

Question 5

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

Answer 5

Without lawful excuse

Question 6

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

Answer 6

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

Question 7

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

Answer 7

Destroys or damages

Question 8

Give 2 examples of destroy

Answer 8

Break up machine, tear up document

Question 9

Give 2 examples of damage

Answer 9

Denting a car, cracking watch glass

Question 10

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

Answer 10

Property

Question 11

What does property not include

Answer 11

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

Question 12

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

Answer 12

Belonging to another

Question 13

Types of ‘belonging to another’

Answer 13

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

Question 14

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

Answer 14

Intending

Question 15

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

Answer 15

Reckless

Question 16

What is a reckless act

Answer 16

Act which creates an obvious risk

Question 17

When is a person reckless

Answer 17

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

Question 18

When is a person not reckless

Answer 18

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

Question 19

What year is the criminal damage act

Answer 19

1971

Question 20

What is the criminal dmaage act section 2 1971 about

Answer 20

Threats to destroy/damage property

Question 21

What type of offence is threats to destroy/damage property

Answer 21

Either way

Question 22

What is max sentence for threats to destoy/damage

Answer 22

10 years

Question 23

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

Answer 23

threat to detroy or damage any property belonging to another

Question 24

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

Answer 24

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

Question 25

What is the criminal damage act 1(2)

Answer 25

Damage to endanger life

Question 26

What type of offence is damage to endanger

Answer 26

indictable

Question 27

What is max sentece for damage to endanger

Answer 27

life

Question 28

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

Answer 28

- 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

Question 29

What is criminal damage act section 3

Answer 29

Possession with intent to commit criminal damage

Question 30

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

Answer 30

Either way

Question 31

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

Answer 31

10 years

Question 32

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

Answer 32

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

Question 33

What is section 1(3) criminal damage act

Answer 33

Arson

Question 34

What type of offence is arson

Answer 34

Either way

Question 35

What is max sentence for arson

Answer 35

Life

Question 36

What are 3 neccesities for arson

Answer 36

- Must have fire - Must be intent or reckless - Must be fire damage not smoke damage

Question 37

What offence is attempt criminal damage

Answer 37

Either way or indictable

Question 38

Define an attempt

Answer 38

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

Question 39

Where is racially aggravated criminal damage found

Answer 39

Section 30 crime and disorder act 1998

Question 40

What type of offence is racially aggravated criminal damage

Answer 40

either way

Question 41

What is max sentence for racially aggravated criminal damage

Answer 41

14 years