Criminal Damage

Question 1

Act

Answer 1

Criminal Damage Act [1991]

Question 2

Criminal Damage - Section + Definition

Answer 2

S2[1] 1991 Act - damages property belingingto another - intending to damage/reckless
SENTENCE [S] = 12 months
[I] = 10 years
Miller principle can apply = ommission

Question 3

Damage - Property Definitions

Answer 3

Damage = destroy, deface, dismantle, corrupt
Property = any property of tangible nature, real or personal, including money and animals

Question 4

Defences to Crim Damage

Answer 4

S6[1]
[a]Believed owner consented
[b] damaged property to protect self= necessity

Question 5

Damage Property - Endangering Life

Answer 5

S2[2] D damages property - whether own property or anothers
[a] intent to damage/reckless
[b] intending/reckless by the damage to endanger the life of another
SENTENCE: LIFE

Question 6

Damage w intent to defraud

Answer 6

S2[3]

Question 7

Arson

Answer 7

S2[4] - causing damage to property by fire
SENTENCE=LIFE

Question 8

Criminal Damage recklessness

Answer 8

Reckless = SUBJECTIVE - person reckless if they have foreseen the particular kind of damage but continued anyways

Question 9

Cyber Damage Section + Acts

Answer 9

CJA [Information Systems] Act 2017
REmoved S5 1991 Act - unlawful accessing data on computer
S2 2017 - Hacking interfering/intercepting
Sentence 5 years
S3 [interfering] is 10 years