Criminal Damage, fraud and extras Flashcards
Criminal damage section 1(1) definition
Without lawful excuse destroys or damages any property belonging to another intending to destroy or damage it or reckless as to whether it would be.
Lawful excuse for crim dam?
Believed the owner had consented
Believes owner would consent if they knew the circumstances
Protection of other property
What’s not classed as property ?
Wild Mushrooms, foliage fungi or flowers or wild animals.
Section 28 crime and disorder act
An offence is racially or religiously aggravated for the purpose of sections 29-32 if
at the time or immediately before or after doing so the offender demonstrates hostility based on the victims membership of religion etc
Aggravated damage sec 1(2)
A person who without lawful excuse damages or destroys property belonging to himself or another intentionally or recklessly intending (by the damage/destruction) to endanger life or being reckless as to whether life would be endangered.
Section 1(3) arson
Criminal damage by fire.
Section 2 - threats
A person who without lawful excuse makes to another a threat intending that the other would fear it would be carried out to -
Destroy/damage property of another or 3rd persons
Destroy/damage their own property in a way they know is likely to endanger life of others
Sec 3 - articles
A person who has anything in their custody or control intending without lawful excuse to use it or cause or permit another to use it
Destroy/damage any property belonging to another
Destroy/damage their own or others property in a way which is likely to endanger the life of others
What is a relevant place ?
Any public place other than licensed premises. Any place other than public to which that person has unlawfully gained access
Confiscation of alcohol… Act & sec
Young person act 1997 sec 1 (1)
Confiscation of alcohol definition
Where a constable reasonably suspects person is in a relevant place and is in possession of liquor and they are either
Under age 18
Intends it will be consumed by under 18
Or an under 18 has recently consumed liqour
What offence is drunk and disorderly
Summary offence
Section 2 - fraud by false representation
Dishonestly makes a false representation and intends by making the representation to make a gain for himself or another OR to cause loss to another or to expose another to risk of loss.
Sec 6 - possession of articles for use in fraud
A person has in his possession or under his controll any article for use in the course of or in connection with any fraud.
Sec 7 - making or supplying articles for use in fraud
Makes,
Adapts
Supplies or offers to supply any article knowing that it is designed or adapted for use in the course of or in connection with fraud OR intending it to be used to commit or assist in the commission of fraud.
