MOWP, Criminal damage Flashcards
Section 3 Theft Act 1978
(1) A person who, knowing that payment on the spot for any goods supplied or service done is required or expected from him, dishonestly makes off without having paid as required or expected and with intent to avoid payment of the amount due shall be guilty of an offence.
(2) For purposes of this section “payment on the spot” includes payment at the time of collecting goods on which work has been done or in respect of which service has been provided.
(3) These offences shall not apply where the supply of the goods or the doing of the service is contrary to law, or where the service done is such that payment is not legally enforceable.
“Dishonestly”
“The test for dishonesty to be applied by a jury, is now straightforward; firstly, they will consider, as part of their fact-finding duty, the defendant’s knowledge or belief as to what going on i.e. what made the defendant act as they did. They will then apply the standards of ordinary reasonable people to judge that behaviour.”
What legislation covers criminal damage?
Criminal Damage Act 1971.
What is ‘volume crime’ as defined in ACPO (2009)?
‘Any crime which, through its sheer volume, has a significant impact on the community and the ability of the local police to tackle it.’
Volume crime often includes priority crimes such as street robbery, burglary and vehicle-related criminality, but can also apply to criminal damage or assaults.
s.1 (1, 2 and 3) Criminal Damage Act 1971.
Section 1(1) – Causing Damage (known as ‘simple damage’ even though the value can be considerable).
Section 1(2) – Damaging Property with Intent to Endanger Life (this can include an individual’s own property).
Section 1(3) – Criminal Damage by Fire (charged as ‘arson’).
The Criminal Damage Act 1971 – Section 1
(1) 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.
(2) A person who without lawful excuse destroys or damages any property, whether belonging to himself or another —
a. intending to destroy or damage any property or being reckless as to whether any property would be destroyed or damaged; and
b. intending by the destruction or damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered;
shall be guilty of an offence.
(3) An offence committed under this section by destroying or damaging property by fire shall be charged as arson.
Punishments for criminal damage.
Criminal damage offences resulting in damage under £5000 are triable only at the magistrates’ court, with a maximum sentence of three months’ imprisonment and / or a fine.
Where the value exceeds £5000 the maximum sentence available is six months’ imprisonment and / or a fine.
Damage over £5000 is triable either way at the magistrates’ court or Crown Court, with a maximum ten years’ imprisonment on indictment.
Any criminal damage offences involving the intention to endanger life are treated very seriously and are indictable only offences.
What legislation covers criminal damage offences when they are charged as religiously or racially aggravated?
s.30 of the Crime and Disorder Act 1998.
What is the punishment for racially aggravated criminal damage?
Indictable only and carry a maximum sentence of 14 years’ imprisonment.
However, religiously or racially aggravated provisions only apply to offences charged under Section 1(1) of the Criminal Damage Act. These aggravating factors do not apply to the offence of ‘Arson’ under Section 1(3).
The Criminal Attempts Act 1981 – Section 1
(1) If, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of the offence, he is guilty of attempting to commit the offence.
(1A) Subject to section 8 of the Computer Misuse Act 1990 (relevance of external law), if this subsection applies to an act, what the person doing it had in view shall be treated as an offence to which this section applies.
(1B) Subsection (1A) above applies to an act if—
it is done in England and Wales; and
it would fall within subsection (1) above as more than merely preparatory to the commission of an offence under section 3 of the Computer Misuse Act 1990 but for the fact that the offence, if completed, would not be an offence triable in England and Wales.
What are the four points to prove for criminal attempt at damage?
- the suspect must intend to commit the offence
- the intended offence must be indictable
- a person must do an act
- the act must be more than merely preparatory to the commission of the intended offence
What is the punishment for attempted criminal damage?
In essence, if you attempt an offence the punishment is as if you had committed the actual offence in full.
The mode of trial is also the same as the substantive offence. For example, if you are charged with attempted burglary (an either way offence), then the attempt becomes an either way offence.
