Unit 4- Criminal Damage

Question 1

Where is criminal damage contained

Answer 1

Section 1- criminal damage act 1971

Question 2

Actus reus for criminal damage

Answer 2

Damage or destroy - destroy means no usefulness. Damage- requires time or money to fix it (Blake)/ a vs r (not criminal damage)
Property- section 10. Land can be damaged, can’t damage intangibles property.
Belonging to another - custody or control- proprietary interests (smith)

Question 3

Mens rea for criminal damage

Answer 3

Intention or reckless( G and R ) to destroy or damage the property

Question 4

What is aggravated criminal damage, which section

Answer 4

Section 1(2)- destroy or damage property and endanger life ( can be your own property)
Must be the damage or destruction that endangers life (steer)

Question 5

Mens tea for aggravated criminal damage

Answer 5

Inter ion or recklessness about damage to property and also whether life is being endangered