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12 Cards in this Set
- Front
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Criminal Law (Consolidation) (Scotland) Act 1995 |
Without reasonable excuse, wilfully or recklessly destroys or damages the property of another. |
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Black v Allan |
Three youths fooling around outside a bank and broke one of the windows in the process. Conviction quashed as they had not wilfully caused damage and there was not sufficient evidence of recklessness. No obvious and material risk that damage would be caused. |
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McGregor v Vannet |
Accused claimed that driver had trapped his hand in taxi door. Held that if this was the case, this would amount to a reasonable excuse for the accused smashing the taxi windscreen. |
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Byrne v HMA |
Crown must prove intention in wilful fire-raising beyond all reasonable doubt. This can be inferred from the circumstances but there can be no transferred intent. |
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Byrne v HMA |
For culpable or reckless fire-raising; neglegence is not enough. There must be a reckless disregard for the result of the act. |
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McCue v Currie |
Accused had accidentally set fire to some property but then did nothing to stop it from spreading. This omission did not amount to culpable and reckless fire-raising. |
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HMA v Wilson |
The accused had pressed an emergency stop button which halted a turbine of a power station causing the loss of £147,000 worth of electricity. This was malicious mischief even though it was a pure economic loss; no physical damage. |
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Bett v Hamilton |
The accused had moved a bank security camera so that it covered an area different from that which it was meant for. Claimed that he had wasted the money spent on running the camera and placed bank at increased risk. Held that the running costs would have occurred anyway and malicious mischief requires intent to cause physical damage or patrimoinial loss. |
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Ward v Robertson |
The accused had walked a cross a field of growing grass and been charged with maliciously damaging crops. Held that you need to be able to infer that the accused had knowledge that they were doing wrong or were indifferent to the consequences. Carelessness is not sufficient for the mens rea of malicious mischief. |
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Trespass (Scotland) Act 1865 |
Lodging or occupying private land without owner's consent - squatters. |
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Criminal Justice and Public Order Act 1994 |
Where two or more people trespass. The occupiers must have taken reasonable steps to ask them to leave and have summoned the police. Basically a failure to adhere to police instructions. |
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Trespassory Assembly Offences under the Public Order Act 1986 |
Police must have reasonable belief that 20+ people intend to assemble in an area where they have no, or limited, right of access and without owner's permission. Must believe this will cause disruption or damage. |
