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Flashcards in Crimes Against Property Deck (21)
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1

what are the two types of malicious mischief

- traditional definition
- 'wilson' malicious mischief

2

does the crown need to prove malice in the crime?

no

3

what is the definition of 'traditional mischief'

intentional or reckless damage to another property without consent

4

what is the case authority for traditional mischief?

Ward v Rovertson 1938, charge of damaging crops. Mens rea not satisfied no evidence of intention.

5

what is the mens rea and actus rea of traditional mischief

actus reus- the actual damage to property
mens rea- the intention or recklessness

6

what is property defined as under traditional mischief

only corporal things

7

what case challenged the definition provided under traditional mischief

HMA v WIlson 1984

8

What was the new type mischief known as 'Wilson mischief' defined as

"Deliberate interference with property causing economic loss"

9

What happened in the case of HMA v Wilson 1984

man activated emergency stop button at a power plant causing an economic loss of £147,000

10

what is not sufficient to charge someone for under Wilson mischief?

carelessness

11

where is the statutory crime of vandalism found

in the Criminal Law (consolidation) (Scotland) Act 1995

12

what is vandalism defined as

"any person who without reasonable excuse wilfully or recklessly destroys or damages property belonging to another is guilty of vandalism"

13

What is the difference between vandalism and malicious mischief?

Vandalism requires proof of physical damage and allows for reasonable excuse, where as malicious mischief is the opposite

14

what is the significance of the Black v Allan 1985 case with regards to vandalism

crown failed to prove the accused act had caused damage

15

what is the importance of the MacDougal v HO case with regards to vandalism?

accused contended was reasonable excuse and the crown failed to disprove it

16

what is the definition of fire raising

"Intentional or reckless damaging or destroying the corporeal property of another without consent"

17

what are the two types of fire raising

- wilful fire raising (intention required)
- culpable and reckless fire raising

18

what happens if the fire is extinguished quickly?

the actus reus is still satisfied and still constitutes a crime

19

give an example of a case of minimal damage caused by fire raising

John Arthur (1836)

20

give an example of a case where the was transferred intent with regards to fire raising

Blane v HMA 1991, not enough for conviction

21

what are two incidents that are not sufficient to get a conviction

negligence and accidents