Criminal Damage Flashcards

Question

The Intention To Destroy Or Damage Whose Property?

Answer 1

Where There Is No Intention To Cause Destruction Or Damage That Is Likely To Cause Endangerment Of Life The property they intend to destroy or damage must belong to some other person. No Offence * If there is no intention to cause damage likely to endanger life; and * The property they intend to destroy or damage belongs to either: * Them; or * The person whom they intend to permit to use the item. Where There Is The Intention To Cause Destruction Or Damage That Is Likely To Cause Endangerment Of Life The propertv they intend to destroy or damage can belong to either: * Them; or * The person whom they intend to permit to use the item.

Answer 2

THE 2 SPECIFIC DEFENCES There are also 2 additional specific defences of lawful excuse available: * Consent; and * Protection. WHICH DAMAGE OFFENCES DO THE 2 SPECIFIC DEFENCES RELATE TO? The additional specific defences are only available to offences of: * Basic criminal damage; * Threats to destroy or damage property – except where the intention is to endanger life; and * Having articles with the intent to destroy or damage property – except where the intention is to endanger life. The specific lawful excuse defences of consent and protection do not apply to the offence of aggravated criminal damage with the intent to endanger life – only general defences are available to this offence.

Answer 3

General Defences Apply to the following offences... * Basic criminal damage. * Aggravated criminal damage, * Basic arson, * Aggravated arson. * Threats to destroy or damage property. and * Having articles With the Intent to destroy or damage property. Specific Defences Section 5(2)(a)&(b) Criminal Damage Act 1971 Only available to the offences of... * Basic criminal damage; * Threats to destroy or damage property — except where the intention is to endanger life; and * Having articles with the intent to destroy or damage property except where the intention is to endanger life.

Answer 4

Subjective Test It is a defence if at the time of the act the person causing the destruction or damage honestly believed (subjective test) - that either: Belief 1 A person entitled to give consent to the destruction or damage had done so. Who Must They Believe That Consent Would Be Forthcoming From? The person who was entitled to give consent — e.g. the owner. A belief that god consented will not constitute a defence. Blake v DPP (1993) Crim LR 586 Belief 2 The person who could have consented to the destruction or damage taking place - would have consented, if they had known of the: * Destruction or damage; and * Its circumstances. What If The Honestly Held Belief Was Mistaken? It does not matter - provided the belief is honestly held, then the defence will be established. NB - subjective test. A drunk person who broke a window to mistakenly get into the wrong house - successfully raised the defence of consent. Jaggard v Dickinson (1981) QB 527

Answer 5

It is a defence to either: * Destroy, or damage property; *Threaten to either destroy, or damage property; or *Intend to use, or cause or permit the use of something in order to destroy, or damage property.. ...in order to protect either: * Property that belongs to: * Themselves; or * Another *A right or interest in property that they believed to be vested in either: * Themselves; or * Another.. .provided that at the time of the act — they believed that both: * The property, right or interest was in immediate need of protection; and * The means used were reasonable in the circumstances. There Must Be An Immediate Need Of Protection Damaged fence at a nuclear base to protect from the risk of a nuclear war. No defence — as there was no immediate risk of a nuclear war. R v Hill (1986) 89 Cr App R 74 Protection And The Reasonableness Of The Damage The damage or destruction caused to protect the property must be reasonable and proportionate to the risk to property averted.

Answer 6

An application can be lodged at a Magistrates Court for a warrant to search premises for - anything that either: * Could be used; or * Is intended to be used .to either: * Destroy; or * Damage . property.

Answer 7

If a Justice of the Peace has reasonable cause to believe that any person either: * Has in their custody; * Has under their control; or * Has on their premises... .anything which there is reasonable cause to believe either: *Has been used; or * Is intended for use ..without lawful excuse... ..to either: * Destroy or damage property belonging to another; or * Destroy or damage any property in a way likely to endanger the life of another... .then the justice may grant a warrant authorising any constable to: * Enter the premises (if need be by force); * Search the premises for that thing; and * Seize anything which they believe to have been used or is intended to be used.

Answer 8

There are 3 separate offences: * Contamination offence; * Threats offence; and * Possession offence.

Answer 9

* The actus reus of the offence - the CAP acronym; * The mens rea of the offence - the PIE acronym; * When the offence is complete - when the intent to cause PIE is formed; * The fact that there is no need for the result of PIE; and * The importance of identifying where goods have been placed.

Answer 10

* The timing of the threat - it can relate to conduct that has already taken place or a threat to carry out actions in the future; * Who can carry out the threatened action - it can be the threatener or another; * What the threat relates to - carrying out CAP; * The mens rea of the offence - this time the narrower PE acronym (I - injury does not apply to this offence); * When the offence is complete - when the intent to cause PE is formed; * The fact that there is no need for the result of PE; and * The defence of reporting in good faith.

Answer 11

Actus Reus It is an offence to either: * Contaminate or interfere with goods; * Make it appear that goods have been contaminated or interfered With, or * Place goods which are or appear to be contaminated or interfered in a place where goods of that description are sold, supplied, consumed, or used Actus Reus - C.A.P Contaminate or interfere Appear Place Mens Rea Intending (NB — the offence is complete at this point) to cause either: * Public alarm or anxiety; * Injury to members of the public consuming or using the goods; or * Economic loss to any person by reason of goods being shunned or steps being taken to avoid any alarm, anxiety, injury or loss. Mens Rea - PIE Intending to cause either: Public alarm or anxiety Injury Economic loss Is The Result Of P.I.E. Required? No -This is an intent offence. Goods Placed In A Area Unrelated To Their Nature? No offence Not left in a place (i.e. near to) where goods of that description are sold, supplied, consumed, or used

Answer 12

Actus Reus? It is an offence to either: * Threaten that in future, or * Claim that already: Either: * They, or * Another... ..have or will either: * Contaminate or interfere with goods; * Make it appear that goods have been contaminated or interfered with; or * Place goods which are or appear to be contaminated or interfered in a place where goods of that description are sold, supplied, consumed, or used What Act Does The Threat / Claim Relate To? Either: * Threatener; or Another person ...has or will cause a C.A.P consequence. Mens Rea Intending (NB — the offence is complete at this point) to cause either: * Public alarm or anxiety; or * Economic loss to any person by reason of goods being shunned or steps being taken to avoid any alarm, anxiety, injury or loss. Mens Rea - P.E. Intending to cause either: Public alarm or anxiety Economic loss Is The Result Of P.E. Required? No - intent offence.

Answer 13

Defence It is not an offence to report in good faith or warn that an act of contamination has taken place.

Criminal Damage Flashcards

(37 cards)