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Flashcards in Criminal Damage Deck (14)
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0
Q

What section of the criminal damages act 1971 defines criminal damage?

What is the definition of criminal damage?

A

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 any such property would be destroyed or damaged
Shall be guilty of an offence’

1
Q

What year was the criminal damages act?

A

1971

2
Q

What would be a lawful excuse for causing damage to another persons property?

A

Fireman /police breaking in to a premises to preserve/protect life

3
Q

What Is meant by destroy?

A

Irrepairable

4
Q

Why is meant be damage?

A

Take the goodness out of something, making it less valuable

5
Q

What is classed as ‘property’?

A

Personal property including money and real estate (land)

Doesn’t include un-tended to land (ie bushes growing wild in the countryside)

6
Q

What is covered by ‘something belonging to another’?

A

Anything in someone’s control/custody - someone being is charge of something (not just owned)

7
Q

What is meant by intent?

A

A deliberate act

8
Q

What is meant by reckless?

A

That in the circumstances the person had to see that there was a risk that something may get damaged in doing what they were doing

9
Q

Which section of criminal damages act 1971 covers the intention to endanger life as reckless to life endangered?

A

S.1(2)

10
Q

What section of criminal damages act 1971 covers arson?

A

S1(3)

Although arson with the intention to endanger life would come under s1(2)

11
Q

What does section 2 of the criminal damages act 1971 cover?

A

Threats to cause damage/endanger life

The threat can be delivered verbally or written

12
Q

What does section 3 of criminal damages act 1971 cover?

A

Possession of items with intent to destroy /damage property or endanger life.

13
Q

What do sections 1(1/2/3), section 2 and section 3 of criminal damages act 1971 cover?

A

S.1(1) - definition of criminal damage
S.1(2) - with intent to endanger life
S.1(3) - arson
S.2 - threats to destroy / cause damage / endanger life
S.3 - possession of items with intent to destroy / damage property or endanger life