Criminal damage and attempts

Question 1

Criminal damage - legislation

Answer 1

Criminal Damage Act 1971

Question 2

3 types of criminal damage

Answer 2

Causing damage or destroying, intending to or being reckless as to whether it would

Damaging property with intent to danger life

Criminal damage by fire (arson)

Question 3

Criminal damage - causing damage or destroying, intending to or being reckless as to whether it would - type of offence

Answer 3

Either way

Question 4

Criminal damage - damaging property with intent to danger life - type of offence

Answer 4

Indictable

Question 5

Criminal damage by fire - type of offence

Answer 5

Indictable

Question 6

What counts as property?

Answer 6

Real estate
Land
Pets (NOT wild creatures unless tamed or in captivity)
NOT wild plants

Question 7

Criminal damage not offence if:

Answer 7

Committed with lawful excuse
Thought they had owners consent
Honestly, but wrongly thought it was their property
Damaged in order to protect it (must think its in immediate danger)
Accidental

Question 8

Transferred malice -

Answer 8

intending to damage something and accidentally damaging something else - still an offence as intended to cause damage

Question 9

Threats to damage includes

Answer 9

Threat must be about an offence:
causing damage or destroying, intending to (cannot be reckless)
damaging property with intent it endanger life
criminal damage by fire

Question 10

Threats to damage - type of offence

Answer 10

Either way

Question 11

Possessing an article with intent to cause criminal damage - type of offence

Answer 11

Either way

Question 12

Criminal attempts - legislation

Answer 12

Criminal Attempts Act 1981

Question 13

Criminal attempts definition

Answer 13

Intent to commit an offence and does an act that is more than just preparatory to the commission of the offence e.g. burglar trying to force open a door, attempting to make off without payment

Question 14

4 points to prove for criminal attempts

Answer 14

Intend to commit offence
Must be an indictable offence
Must do an act - must do more than just think about it
Act must be more than just preparatory

Question 15

Punishment for criminal attempts

Answer 15

Same as if you were to commit the offence in full

Question 16

Criminal attempts defences

Answer 16

was not more than a preparatory act, mistaken identity, not an attempt at substantive offence at all