Malicious mischief Flashcards
What are the two forms of malicious mischief?
Traditional - damage of destruction of coporeal property
Wilson - Interfering with property as to cause economic loss
What is Stewart malicious mischief?
An inchoate form. Has no authority though.
What case says that malice is not requirement?
Lord Adv Ref (1 of 2000)
What case says mens rea is recklessness? Careless not reckless
Ward v Robertson
What states that breaking windows in malicious mischief?
Ann Duthie
What cases confirm that vindication of right is not a defence?
Lord Adv Ref (1 of 2000) confirming Syme
What case states that provocation can act as partial defence in mitigation?
Andrew Stewart
Which case states that the loss must be actual to constitute Wilson malicious mischief?
Bett v Hamilton
Where can statue on vandalism be found?
Criminal law Conslodation Act 1995.
What are the subtle differences between malicious mischief and vandalism?
‘Without reasonable excuse’ caveat is put in.
What case established the reasonable excuse defence to vandalism?
MacDougall v Yuk-Son Ho
Which case confirms you can vandalise your own property (joint)
Elrick
