criminal law Flashcards
What are the five parts that criminal damage can be broken down into?
Destroy or damage, property, belonging to another, without lawful excuse, with intention or recklessness as to the damage or destruction of property belong to another.
What is included in the definition of property?
Means property of a tangible nature, whether real or personal, including money and (wild creatures which have been tamed or are ordinarily kept in captivity) but not including mushrooms growing wild or any land or flowers, fruit or foliage of a plant growing wild on any land.
What does it mean if property belongs to another?
If they have custody or control of it; having in it any proprietary right or interest (not being an equitable interest arising only form an agreement to transfer or grant an interest) or having a charge on it.
What is recklessness?
At the time of committing the AR, the accused was subjectively aware of a risk; and it was known to the accused to be objectively unreasonable for the accused to take that risk.
What is basic arson?
Arson is criminal damage by fire (by fire is added to destroy or damage and intention or recklessness as to the destruction or damage of property belonging to another by fire).
