Criminal Damage - A/R Flashcards
What are the three different sections for criminal damage?
- Simple criminal damage
- Aggravated criminal damage
- Arson
What is the sentencing for Arson?
Life imprisonment
What is the a/r and m/r for section 1?
Destroying or damaging property - physical damage will suffice.
Being reckless or intention will suffice.
Intoxication may form a defence.
What is the a/r for section 2?
Intending or being reckless to endangering life. This can also be done to own property.
What is the a/r for section 3?
Any criminal damage (Section 1/2) by fire.
What is property defined as?
Under section 10, anything in which is tangible of nature, this includes money.
What was established in the case of Elliot v C 1983?
14 year old with learning problems burnt down shed. Held as typical criminal damage.
What was the principle in Roe v Kingerlee 1986?
Criminal damage is held as a matter of fact and for the justices to decide. Damage need not be permanent in order to be criminal damage.
What was established in the case of R v Wenton 2010?
Defendant must intend to endanger life with act in which causes criminal damage but not by some other act which follows on from damage to property.
Destroying or damaging? Cox v Riley 1986
Card used did not perform its function - held as criminal damage. (economic damage)
What was established in R v Whitely 1993?
Any alteration to the physical nature of the property may amount to damage.
What was held in Hardman v Avon Somerset County Council 1986?
Painted silhouettes on pavement as part of protest. Local authority washed markings away. Criminal damage due to causing economic impact.
R v Denton 1982
D set fire to employers factory - not murder as arson due to no life endangered
