Criminal damage
- Created by: azdw
- Created on: 11-01-16 17:22
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- Criminal damage
- Criminal Damage Act 1971
- S 1 (1) simple criminal damage
- max penalty 10 yrs
- a person is guilty of criminal damage if they intentionally or recklessly destroy or damage property belonging to another without lawful excuse
- AR -
- destroy or damage
- property
- Defined in S10(1)
- property is defined as tangible -
- money is also included
- Defined in S10(1)
- belonging to another
- S10(2) provides that property will be regarded as belonging to another having
- a) custody or control of it
- b) a proprietary right or interest in it
- c) a charge on it
- S10(2) provides that property will be regarded as belonging to another having
- MR-
- intention
- if D believes property belongs to them there is no liability - R v Smith
- recklessness
- subjective test - R v G&R
- a person acts recklessly with respect to i) a circumstance when he is aware of a risk that it exists or will exist ii) a result when he is aware of a risk that it will occur, and it is unreasonable to take that risk
- subjective test - R v G&R
- intention
- AR -
- S 1 (2) aggravated criminal damage
- Max penatly life
- is where property has been destroyed or damaged with the aggravating factor that life is endangered by the destruction or damage to that property
- AR -
- destroy or damage
- property
- belonging to himself or another
- endangering life
- MR-
- the defendant must intend or be reckless as to the destroying or damaging of property and
- intend or to be reckless as to the endangerment of life
- S 1 (3) criminal damage by arson
- Max penatly life
- where the destruction or damage, under either s1(1) or s1(2) arises through fire, the defendant will also be liable under criminal damage by arson
- S 1 (1) simple criminal damage
- Criminal Damage Act 1971
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