Property Crimes Flashcards
What are the 3 types of Scots property crime?
(A) Malicious Mischief
(B) Vandalism
(C) Fire-Raising
What is the definition of ‘Malicious Mischief?’
“MM … is a crime which relates … to property damage. …The property is damaged or destroyed. … It is committed intentionally or recklessly but not by negligence.”
(Ferguson and McDiarmid, para 13.2.1)
OR
The damage or destruction of another persons corporeal property
Cases of MM
Clark v Syme 1975: A sheep that belonged to V was wondering onto Ds field, D shot the sheep after repeatedly warning the owner. D was charged with MM.
Wards v Robertson 1938: three accused prosecuted for MM for walking across a grass field where sheep were, but the court found that they did not do so maliciously therefore did not qualify for MM
What is ‘Wilson Type’ MM?
Where MM has caused patrimonial loss i.e. financial loss
What is the seminal case for ‘Wilson Type’ MM?
HMA v Wilson 1984: D (Wilson) pushed a button that shut down a power station for 24 hours, causing a patrimonial loss of £147,000. The court him with MM because he did so malicously and caused patrimonial loss which was sufficient enough to qualify as loss.
What are either two requirement of MM?
Damage to property or financial loss
what’s the mens Rea for MM?
Intention or recklessness
(a “deliberate disregard of, or even indifference to, the property or possessory rights of others”
Ward v Robertson 1938)
Which act gives its definition of vandalism?
(1) Subject to (2) below, any person who, without reasonable excuse, wilfully or recklessly (mens rea) destroys or damages any property belonging to another (actus rea) shall be guilty of the offence of vandalism.
(2) It shall not be competent to charge acts which constitute the offence of wilful fire-raising as vandalism under this section.
(3) Any person convicted of vandalism is liable on summary conviction— [to various terms of imprisonment, fines or both] (doesn’t go to jury, heard in lower courts, not a solemn matter, written as a complaint)
what is the mens rea for vandalism?
Willfully or recklessly
Black v Allan 1985
What are the 3 types of ‘Fire-Raising?’
- wilful fire-raising
- Culpable and Reckless
- Fire-raising to defraud insurers
what’s the Actus Reus for (1) Wilful Fire-Raising and (2) Culpable and Reckless?
Setting fire to any type of corporeal property (property you can hold/touch) that
belongs to another & without owner’s consent.
whats the seminal case for the acts reus of vandalism (1 &2)?
Carr v HMA 1994 SCCR
Whats the mens rea of wilful fire raising?
Byrne v HMA 2000 (big case) set fire to paper on the floor of premises. Crown has to establish accused intended he burned building if they can’t prove then they do type 2.
• Actual intention to damage or destroy the P set on fire
• Wilful FR cannot be committed recklessly
• No scope for ‘transferred intent’
what’s the mens rea for culpable and reckless?
Byrne v HMA 2000: “Mere negligence is not enough; the property must be set on fire due to an act of D displaying a reckless disregard as to what the result of his act would be.”
• Carr v HMA 1995: “a complete disregard for any dangers which might result from what he was doing.”
• McCue v Currie 2004: narrow view of reckless. Exact point at which fire was ‘raised’
MR of Wilful FR
Byrne v HMA 2000
• Actual intention to damage or destroy the P set on fire
• Wilful FR cannot be committed recklessly
• No scope for ‘transferred intent’
Whats the difference with Fire Raising to defraud insurers?
The accused had damaged his/hers own property
