Criminal Damage & Criminal Attempts Flashcards
(23 cards)
Which act covers Criminal Damage offences?
Criminal Damage Act 1971
What act covers Criminal Attempts?
Criminal Attempts Act 1981
Volume Crime Definition
- Any crime which through sheer volume, has significant impact on community & ability of local police to tackle it
- Often includes priority crimes: robbery, burglary, vehicle related criminality
- Can also apply to crim dam & assaults
Criminal Damage Act S1(1)
S(1) - Causing Damage - ‘simple damage’ even though value can be considerable:
- w/o lawful excuse
- destroys/damages any property belonging to another
- intending to destroy / damage or being reckless as to whether property would be destroyed/damaged
Criminal Damage Act S1(2)
S1(2) - Damaging property w/ intent to endanger life (can include individuals own property)
- w/o lawful excuse
- destroys/damages property, whether belonging to himself or another -
1 - intending to destroy/damage any property or being reckless as to whether any property would be destroyed/damaged
2 - Intending by the destruction/damage to endanger life of another or being reckless as to whether life of another would be endangered
Criminal Damage Act S1(3)
S1(3) - Criminal damage by fired (charged as ‘arson’)
- An offence committed under this section by destroying/damaging property by fire ==> charged as arson
Criminal Damage - Lawful excuses
- has consent to damage property, including where accused has honestly but wrongly believe they own the property
- Damaging property in order to protect property they believe is in need of immediate protection (means used must be reasonable)
Criminal Damage - Destroys definition
Property being beyond repair, needs replacing
- Breaking smt up
- Burning down building
- Smashing window
- Value specified in the charge should reflect the full replacement cost
Criminal Damage - Damage definition
Property has been harmed, made less useful, less valuable, unworkable, defaced (graffiti). Damage does not have to be permanent
- Value of damage should reflect cost of repair
Criminal Damage: Intention & Transferred Malice
Intentional - deliberately meaning to destroy/damage property of another
Transferred malice - e.g. if someone swings hammer to damage your window & misses, instead hitting & breaking neighbours window - still intentional
Criminal damage: Being reckless
Being reckless - aware risk exists or will exist & acting w/ little to no regard of consequences
Arson with intent
- Intention of destruction/damage is to endanger life of another or being reckless as to whether life would be endangered - guilty of arson with intent
- Crim dam by fire w/ intent to endanger life is indictable only w/ max sentence of life imprisonment
Criminal Damage offences resulting in damage under £5000: Sentencing
- –> magistrates only
- Max sentence: 3 months imprisonment &/or fine
Criminal Damage offences resulting in damage over £5000: Sentencing
- Either way
- Max 10 yrs imprisonment on indictment
Criminal Damage offences involving intention to endanger life: Sentencing
- Indictable only
- Max life imprisonment
Criminal Damage: Aggravating factors
- Crim dam offences can be charged as religiously or racially aggravated under S30 of the Crime & Disorder Act 1998 - in this case they become indictable & have max sentence of 17 yrs imprisonment
- Racially/religiously aggravated provisions only apply to offences charged un S1(1) Criminal Damage Act
- Aggravating factors do not apply under S1(3) (Arson)
Criminal Damage defences
- Mistaken identity - ‘it was someone else who caused the damage’
- ‘It was my property’
- ‘I had lawful excuse im preventing further damage to property’
- ‘Owner consented to damage’
- Accident
- The act didn’t result in actual damage
The Criminal Attempts Act 1981 - S1
- w/ intent to commit offence to which this section applies
- a person does an act which is more than merely preparatory to the commission of the offence
- intended offences must be an indictable offence (or either way)
Criminal attempts P2P
- sus must intend to commit offence
- intended offence must be indictable (or either way)
- a person must do an act
- act must be more than merely preparatory to the commission of the intended offence - goes beyond just preparing to commit offence (they actually embark on crime/try to do it)
Criminal attempts sentencing
Sentencing rules set out in S4 Criminal Attempts Act
- if you attempt an offence - punishment is as if you had committed the actual offence in full
- mode of trial is also the same as substantive offence e.g. burglary can be charged either was ==> attempt becomes either way offence
Criminal attempts defences
- Mistaken identity
- It was not a more than merely preparatory act
- It was not an attempt at the substantiative offence at all (e.g. walking round shop & putting good in bag then trying to walk out w/ the goods - ‘i was going to get my wallet from my car’
Criminal Damage Act S2
Threats to destroy/damage property
- A person w/o lawful excuse makes another threat, intending that the other would feel fear it would be carried out -
(a) to destroy/damage any property belonging to that other/third person, or;
(b) to destroy/damage his own property in a way which he knows is likely to endanger life of that other/a third person
Criminal Damage Act S3
Criminal Damage Act S3 - possessing anything w/ intent to destroy or damage property:
- A person who has anything in his custody/under his control intending w/o lawful excuse to use it or cause or permit another to use it -
(a) to destroy/damage any peroperty belonging to another, or;
(b) to destroy/damage his own/the users property in such a way which he knows is likely to endanger the life of some other person
