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Flashcards in Criminal Damage Act (CDA) 1971 Deck (8)
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1
Q

What is the AR and MR of Simple Criminal Damage? (s1(1) CDA 1971)?

A

AR:

(a) Damage or destruction;
(b) Of property;
(c) Belonging to another.

MR:

(a) Intention or recklessness as to the damage or destruction;
(b) Knowledge or recklessness as to whether the property belongs to another.

2
Q

What is the AR and MR of Aggravated Criminal Damage (s1(2) CDA 1971)?

A

AR:

(a) Damage or destruction;
(b) Of property.

MR:

(a) Intention or recklessness as to the damage or destruction;
(b) Intention or recklessness as to the endangerment of life.

3
Q

Which case established that the damage or destruction itself had to endanger life, not simply the act that led to the damage?

A

Steer

4
Q

Aggravated Criminal Damage does not require the actual endangerment of life, simply maliciousness towards endangerment.

A

Dudley

5
Q

How does s5(2)(a) define ‘lawful excuse’?

A

(a) Someone believes they had the consent of the person who was entitled to give permission for the damage to be caused; or
(b) Someone believed that they had the consent of the person who they thought was entitled to give permission; or
(c) Someone believed that they would have had permission if the person who could have granted it would have known of the damage and the circumstances.

6
Q

How does s5(2)(b) define ‘lawful excuse’?

A

(a) The defendant believed their property (or another’s) was in immediate need of protection; and
(b) They believed that the means of protection adopted were reasonable having regard to all the circumstances.

7
Q

There should be a common-sense approach to defining damage.

A

Roe

8
Q

Property is treated as belonging to another in what three circumstances?

A

(a) Where another person has custody or control over it;
(b) Where another person has a proprietary right or interest (however not an equitable interest arising only from an agreement to transfer or grant an interest);
(c) Where another person has a charge on it.