Vandalism & Malicious Mischeif Flashcards
What is vandalism (sec52 criminal law consolidation act 1995)?
An offence for any person to wilfully or recklessly destroy or damage the property of another without reasonable excuse.
What is the difference between vandalism and mal mis?
Vandalism is a statutory offence
Mal mis is a common law crime
Vandalism, there must be actual damage done to property
Mal mis, there could be a financial damage brought about by a criminal act.
What are the essential elements of vandalism?
- Deliberate intention to damage property of another or reckless disregard for consequences.
- Damage or destruction of property.
- Damage or destruction to property not belonging to the accused.
What are the defences/ reasonable excuse for vandalism?
Accused thought property was their own.
Damage was caused for a good reason- breaking down door in case of fire etc.
What arrest power exists for vandalism?
Silent. May be arrested if in interest of justice. Accused of vandalism may be imprisoned so can be detained.
If over 16 years a fixed penalty may also be issued.
Define malicious mischief…
A crime at common law and is constituted by wilful, wanton, and malicious destruction of, or damage to the property of another.
What are the essential elements for mal mis?
Malice
Can’t be accidental
proof of deliberate disregard to the property or the possessors rights.
What are the powers associated with mal mis?
Carries a common law power of arrest. If serious case, libel mal mis instead of vandalism as carries a higher charge.
A fixed penalty is allowed but lord advocate suggests it would not usually be appropriate.
When can you not libel mal mis/vandalism?
If the property or item is stolen and the thief damages is, it is just theft. If someone steals it, but another person damages it, they can be libelled.
What other statutory offences exist which fall into the definition of mal mis?
Damage to letter boxes- an offence to affix any advertisement, document, board, or item in or on any post office or postal service letter box, or, paints or in any way disfigured any such office or post box.
Damage to crops on allotments- offence for any person, other than with lawful authority or by negligence to cause damage to any growing crops growing on an allotment cultivated as a garden.
Explosion to endanger property- any person who maliciously causes by any explosive substance, an explosion of a nature that is likely to endanger life or to cause serious injury or damage to property.
