Criminal Damage Legislation Flashcards
What is S1 Criminal Damage?
A person who 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, shall be guilty of an offence. This offence is triable either way
What is Lawful Excuse?
- Consent/Belief of ownership
- Consent/Reasonable Behaviour
- To protect property
E.g . Breaking car window for a dog, break a window in a fire, bend railings to get a child’s head out
What is meant by destroys/ Damages?
- Breaking something beyond repair
- Make less useful
- Less valuable
- Deface it
What is property?
Something you can see/must be tangible
E.g money/wild creatures in a zoo
What is not classed as property?
- Mushrooms
- Flowers/Fruit/foliage or Plant growing wild
It HAS to be something owned
What does belonging to another mean?
-Custody
- Control
- Proprietary right such as mortgage/finance company/landlord
What is S1 Criminal damage?
Intending to damage or destroy property
- Intent has to be proved
- Deliberately meaning to destroy or damage the property of another
How can you prove intent?
- Questioning
- Witnesses
3.CCTV /Phone recordings - Actions prior to it happening
- SHACKS
What is transfered malice?
- intending to cause damage but hitting and damaging something else
STILL CAUSE DAMAGE
How can you cause criminal damage by recklessness?
When you are involved in something where there is a risk to damaging something else. E.g fighting and pushing someone into a window causing it to break. Knew there was a risk of damage but did it anyway. Or throwing bricks off a bridge damaging cars is reckless damage.
What is deliberate criminal damage?
Knowingly and wanting to cause damage to something
What is Mode of Trial/Penalty?
Triable Summary only (less than £5000)
- Fine or 3 months improvement
Triable either way (Over £5000)
- Summary - Fine and/or 6 months max
- On Indictment - 10 years maximum
Racial/Religious- Triable either way- value doesn’t count
- on indictment - 14 years
Summary- Fine or 6 months
What is S1 (2) OF THE CRIMINAL DAMAGE ACT?
Endangering another’s life
- A person without lawful excuse destroys/damages any property, whether belonging to self or another
- Intending to destroy/damage any Or being reckless as to whether any property would be destroyed/damage
- intending by the destruction or damage to endanger the life of another or being recless as to whether the life of another would thereby endangered
Shall be guilty of an offence
What is the difference between
S1 (1)
S1 (2)
S1 (1) - Simple Criminal Damage
S1 (2) - Damage endangering Life (subsection)
What is S1 (3) Of the criminal damage act 1971?
An offence committed under this section by destroying or damaging property by fire shall be charged as ARSON
How is ARSON Triable?
- Life imprisonment on indictment
- Where life is NOT endangered 6 months/Fine
There is an increased punishment for Aggrivated arson max life in prison.
What is S2 Criminal Damage Act?
A person who without lawful excuse makes to another a threat, intending that other person would fear it being carried out. E.g verbal/written/text/gesture/movement
To destroy or damage any property belonging to that of other or third person
To destory/damage his own property in a way which he knows is likely to endager the life of that person or third person.
That person must have fear that it would be carried out. E.g history of violence/previous/done it before/content of conversation or messages
DONT HAVE TO PROVE- THREAT IS ENOUGH
Mens Reas- intending that the other would fear that it would ve carried out. Regardless of whether the other was in fear.
What is S3 Criminal Damage Act?
Custody/control of articles with intent to damage
Inditable- 10 years imprisonment if aggravated.
Summary- 6 months
A person who has anything in his custody or under his control intending without lawful excuse to use or cause or permit another to use it.
E.g person carry Spray paint- graffiti
To destroy or damage any property belonging to someone else or to destroy or damage his own or the users property in a way which he knows is likely to endanger life of some other person.
Access to it/control for a job/ nature- everyday items like matches
What is S30 & S28 Criminal Damage Act?
S30 Adds the Racial element and committing damage caused by Racial hostility
S28 outlines what the Racial aggregations are e.g spraying a religious building
S29- S32 - Covers the offences for racially aggravated
What is S30 & S2I8 Criminak Damage Act?
S30 Adds the Racial element and committing damage caused by Racial hostility
S28 outlines what the Racial aggregations are e.g spraying a religious building
