Criminal damage - considerations

Question 1

What is stated in s.30 of the crime and disorder act?

Answer 1

Criminal damage can be an aggravated offence if it is racially or religiously motivated

Question 2

What is the main thing to consider with race?

Answer 2

Race has a wide interpretation. White 2001 - African came into definition of racial group.

Question 3

Is there a defence to criminal damage offences?

Answer 3

Section 5 (2) (a) - without lawful excuse

Question 4

What was held in Chamberlain v Lindon 1998?

Answer 4

L knocked C’s wall down - C’s own property, claimed criminal damage.

Question 5

R v O’grady 1987

Answer 5

Convicted of manslaughter - Voluntary intoxication.

Question 6

Jaggard v Dickinson 1981 -

Answer 6

Convicted of criminal damage thinking her friends house was V’s. Court is required to focus on existence of the belief not its intellectual soundness. Defence under s.5 still available even though d intoxicated.

Question 7

R v Baker 1997 -

Answer 7

Child does not represent property