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10 Cards in this Set
- Front
- Back
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What are the three categories of crimes against property? |
1. Malicious mischief 2. Vandalism 3. Fire raising |
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What is malicious mischief? |
The common law crime of damaging or destroying the property of another or interfering with that property to the loss of the lawful owner. |
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Wilsonv HM Advocate 1984 SLT 117 |
Accused improperly used the emergency stop button at a power plant causing £147'000 of electricity to be lost. This redefined malicious mischief as it meant there did not have to be actual damage of the property, meddling with the property and causing financial loss would suffice. |
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Wardv Robertson 1938 JC 32 |
The accused walked across a field meaning the grass he walked on could no longer be grazed. However he was not charged with malicious mischief as there could not be shown to be intention or recklessness behind his actions. A reasonable person would not have known walking on a field would cause damage. |
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What is vandalism? |
The statutory version of malicious mischief. It only differs in the fact that for vandalism to occur there has to be some form of damage to the property, financial loss alone will not suffice. |
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Blackv Allan 1985 SCCR 11 |
Two men were messing about beside a bank when one of them fell over and broke a window. They were charged with vandalism but it was proven they really did not possess the mens rea for the crime. They were not being reckless in their actions. |
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MacDougallv Ho 1985 SCCR 199 |
The accused punched through the window of a taxi as he had reason to believe that this would thwart the escape of some people who had robbed his house. This reasonable belief was held as a defence for vandalism and he was acquitted. |
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Byrne v HM Advocate 2000 SCCR 77 |
Byrne intentionally set fire to a bed in a hostel he was staying in, this then caused the whole hostel to catch fire. He was charged with wilful fire raising of the whole hostel however it was proven he only wilfully set fire to the bed itself so could only be charged for the wilful fire raising of this. |
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Carrv HM Advocate 1994 SCCR 521 |
Carr broke into a church hall and decided to light his way with a torch made of burning paper. This burnt his hand and he dropped it, setting fire to the whole church hall. He was brought up for culpable and reckless fire raising but the judge made clear that if the jury accepted the fire was a true accident then he could not be convicted of this. |
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AlexanderPollock (1869) 1 Couper 257 |
The accused set fire to his stock and materials which would have been okay however later a smouldering joist was found in the building, which did not belong to him. He was brought in front of court however was acquitted due to the clarification in the law that a fire needs to take hold in some way before fire raising has been committed. |
