Property offences Flashcards
What act lays out the offence of basic criminal damage?
The Criminal Damage Act 1971 s1(1)
What is the maximum sentence for basic criminal damage?
10 years imprisonment
What is the AR for basic criminal damage?
‘To destroy or damage property belonging to another’
What is the MR for basic criminal damage?
‘Intention or recklessness as to the destruction or damage of property belonging to another’
What is not considered ‘property’ in the definition of property laid out in the CDA s10(1)
Plants or foliage
Where in the CDA is ‘belonging to another’ defined?
s10(2)
What is laid out in s10(2) as ‘belonging to another’?
- Having custody or control over it
- Having in it any proprietary right or interest
- Having a charge over it
What sections of the CDA 1971 is basic arson charged under?
s1(1) and s1(3) CDA 1971
What is the AR of basic arson?
‘Destroy or damage by fire, property belonging to another, without lawful excuse’
What is the MR for basic arson?
‘Intention or recklessness as to the destruction or damage of property belonging to another by fire’
What is the definition of property that is laid out in s10(1) CDA 1971?
‘of tangible nature, whether real or personal, including money’