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Flashcards in Criminal Damage Deck (9)
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1

Which act is criminal damage under?

Criminal Damage Act 1971

2

Defendant intentionally or ...... destroying or ...... property ........without.....

Defendant intentionally or recklessly destroying or damaging property belonging to another without lawful excuse

3

What is the AR of criminal damage?

Damaging or destroying any property belonging to another

4

What is the MR of criminal damage?

Intent or recklessness as to the damages/distraction and ownership

5

Defences for Criminal Damage

A)

B)

C)

A) Without lawful excise

B) If the defendant honestly believed the owner was consenting/would consent

C) it is a defence to damage property trying to protect yours or another's

6

Roe v Kingerlee (1986)

Graffiti which could be removed easily constituted criminal damage

7

Jaggard v Dickinson (1981)

Broke into her friends house after she become stranded on a night out

Genuinely believed her friend would be ok with this

Turned out to be the wrong house

Reckless as to the ownership

8

Blake v DPP (1993)

Vicar engraved a biblical quote onto a contrite pilar in protest against the Gulf War

Claimed consent from G-d

Was not justified

9

Seray Werie v DPP (2012)

Not realising you are doing a criminal offence is not enough