malicious damage to property

Question 1

define Malicious damage to property

Answer 1

a person commits malicious damage to property if he unlawfully and intentionally damages:
property belonging to another or property belonging to himself in which another has a substantial interest

Question 2

what are the elements of malicious damage to property

Answer 2

property
damage
intent
unlawfulness

Question 3

list the requirements that must be met in the property element of malicious damage to property

Answer 3

corpreal or immovable property
usually belongs to another but not necessarily
if someone else has interest in your property it does warrant a charge

Question 4

list the requirements that must be met in the damage element of malicious damage to property

Answer 4

it includes partial and total destruction of prop whether temp or permanent
prop can remain intact but money or labour expanded to restore pop to original state
de minimus rule applies

Question 5

does killing or wounding an animal constitute damage? use case law

Answer 5

yes it does
in R v Pope
A farmer shot his neighbours dog on the farmers property
the dog had chicken in his mouth
the dog was almost blind
the court found the appellant applied disproportionate use of force

Question 6

what does the intent element of malicious damage to property entail

Answer 6

dolus is required

Question 7

what does the unlawfulness element of malicious damage to property entail

Answer 7

grounds of justificaiton
statutory provisions
official capacity
consent by owner