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Flashcards in Criminal Damage Deck (17)
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1
Q

Samuels v Stubbs

A

No need to define destruction and damage

Matter of fact and degree

2
Q

A (a juvenile) v R

A

Spat at policeman

Expense had to be incurred for there to be damage

3
Q

Hardman v CC Avon and Somerset

A

Expense and inconvenience had to be caused to be damage

4
Q

Morphitis v Salmon

A

Damage is a permanent or temporary impairment of an object’s usefulness or value

5
Q

R v Fiak

A

Damage need not be permanent

6
Q

CC Somerset and Avon v Shimmen

A

Foreseeability of risk must be weighed up against social utility of taking the risk

7
Q

R v Smith

A

No mens rea if D did not realise that property might belong to another

8
Q

Jaggard v Dickinson

A

A drunken mistake, if honestly believed, will suffice for s5 (2) defence

9
Q

R v Denton

A

s5(2) cannot be restricted to beliefs in lawful motives for the owner’s consent

10
Q

Blake v DPP

A

A belief that God consents to damage will not be a defence

11
Q

R v Baker and Wilkins

A

D must act to protect property, not a person, under s5(2)(b)

12
Q

Johnson v DPP

A

D must believe that the property is in immediate need of protection

13
Q

R v Hunt

A

The act must be objectively capable of protecting the property, not just to prevent further damage to the property

14
Q

R v Hill and Hall

A

The act cannot be too remote from the eventual aim of protecting property

15
Q

R v Sangha

A

No life need actually be endangered to establish aggravated criminal damage if D intended or was reckless as to endangering life

16
Q

R v Steer

A

Danger to life intended or foreseen must arise from the damage caused, not from the cause of the damage
If damage is caused by fire, the risk to life will always be from the damaged property

17
Q

R v Dudley

A

Must look to the danger foreseen/intended rather than the danger that actually happened