Criminal Damage S1(1)
- Created by: Molly Byrne
- Created on: 05-03-15 20:57
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- Criminal Damage
- Basic offence - S1(1) CDA 1971
- 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 do so.
- Destroys or damages (AR)
- Reduction in value and usefulness of property
- Roe v Kingerlee
- Gayford v Chouler
- Morphitis v Salmon
- Property (AR)
- S10(1) of a tangible nature, whether real or personal inc money
- Includes tamed or captive wild creatures
- Doesn't include flowers
- Belonging to another (AR)
- Control or custody, proprietary right or interest
- No offence if damage own property
- Intention or recklessness (MR)
- Defences
- S5(2)(a) belief in owners consent
- R v Denton
- S5(2)(b) other property is in immediate need of protection
- S5(2)(a) belief in owners consent
- Basic offence - S1(1) CDA 1971
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