Criminal Damage Act & Theft Act Flashcards
What is section 1 of the CDA?
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.
In relation to the CDA explain Men’s Rea, Actus Rea and the term ‘Without lawful excuse’.
Actus rea: destroys or damages: property belonging to another
Mens rea: intending to destroy or damage any such property or being reckless
*Without lawful excuse is a defence rather than part of the AR or MR. Where a person damages property for what they believe is a good reason.
What is the test of recklesness?
a) If the person is aware of a risk that exist or will exist
b) And in the cirumstances known, it is unreasonable to take the risk
What does Section 1 (2) say?
A person without lawful excuse detroys or damages any property whether belong to himself or another
Intending to detroy or damage any property beign reckless as to whether any property would be destroyed or damaged
Intending the destruction or damage to endanger life of another or being reckless as to whether the life of another would thereby be endangered
Explain the aspect of Aggravated Criminal Damage?
There is no requirement for the offender to try and kill an individual, it is only necessary to prove that that damage was caused intentionally or recklessly and there was potential for someone to be harmed as a result of the damage caused.
What is Section1 (3)? Max penalty?
This is Arson, causing damage thorugh the use of fire.
Max sentence, Life imprisonment
What does Section 1 of the Theft Act entail of?
Definition of theft- A person is guilty of theft if he DISHONESTLY appropriates property belonging to another with intention of permanently depriving the other of it”
What does Section 7 of Theft Act tell?
Anyone guilty of theft get prison not exceeding 7 yeras.
