Criminal Law - LGS 8 - Criminal Damage
About this set
Created by:
gloriaholodeck on April 25, 2012
Subjects:
English Legal History, Criminal Law
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10 terms
Terms | Definitions |
|---|---|
 Criminal Damage Act 1971: s. 1(1) | 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 whether an such property would be destroyed or damaged , shall be guilty |
| CDA 1971 s 1 (1) AR | AR: destroy (Barnet London BC more then mere material change) or damage (Roe vv Kingerlee no need to be permanent) property (s. 10 (1)) belonging to another (10 (2)) |
| CDA 1971 s 1 (1) MR | Reckless to the Intention to destroy and damage the property of another (R v Smith (1974) - The Prosecution must prove that the D intended or was reckless as to the destruction or damage to the property belonging to another) |
| CDA 1971 s 1 (1) MR : Recklessness | Subjective Test , R v G (2003) - Aware of the Risk exists or will exist , a result when he is aware of a risk that it will occur, Circumstances known to him, unreasonable to take the risk |
| CDA 1971 s s 5 (2) (a) & (b) : Without Lawful Excuse | Lawful Excuse # 1 : (a) Belief in Consent - R v Denton Lawful Excuse # 2 : (b) Belief in Protection of Property - Blake v DPP |
| CDA s. 1 (2) Destroying or Damaging Property with intent to endanger life | A person who without lawful excuse destroys or damages any property whether belonging to himself or another (a) Intending to destroy or damage any property or being reckless as to whether any property would be destroyed or damaged (b) Intending by the destruction or damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered |
| CDA 1971 s. 1 (2) MR | actual Intention to destroy (R v Steer), Must intend by the destruction or damage to endanger life (Webster and Warwick) |
| CDA 1971 s. 1 (3) Arson | Any offence s. 1 (1) or s. 1 (2) committed by means of fire , Attempted is more then merely preparatory, Attempted Aggravated Arson reckless to life and would thereby be endangered (Ag's Reference (No. 3 1992)) |
| CDA 1971 s. 2 Threats to destroy or damage property | A person who without lawful excuse makes to another threat intending that the other would fear that the treat would be carried out. |
| CDA 1971 s 3 Possessing anything with intent to destroy or damage property | A person who has anything in his custody or under his control intending without lawful excuse to use it or cause or permit another to use it |
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