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23 Cards in this Set

  • Front
  • Back

define criminal damage

a person who intentionally or recklessly and unlawfully destroys or damages any property belonging to another

whats the 3 AR for criminal damage

destruction/damage


property belonging to another


without lawful excuse

what case shows wide definition of criminal damage (removable graffiti)

Roe v Kingerlee

what case includes trampling grass as damage to property without lawful excuse

Gayfrod v Chouler

can you commit criminal damage to ur own property

no unless another has legal interest in your property

whats the MR for criminal damage

intention/recklessness


to damaging property belonging to another

whats a defence to criminal damage

lawful excuse

what case said D honestly believed that V consented to damage

Blake v DPP

what case showed a lawful excuse where damage was done to protect other property

Chamberlain v Lindon

for damage done to protect another property does the damage need to be immediate

yes

what case shows for damage done to protect other property the protection of other property needs to be reasonable

Unsworth v DPP

define arson

damage or destroying property by fire

whats the AR for arson

destruction/ damage


to property of another


w/o lawful excuse


with fire

whats the MR for arson

intention/recklessness


to destroying/damaging property


belonging to another

can aggravated criminal damage be committed against your own things

yes

what’s aggravated criminal damage

intending to destroy/damage any property or being reckless as to whether any property would be damaged or destroyed or to endager the life of another by being reckless as to whether life would be endangered

how long is aggravated criminal damage punishable for

life imprisonment

what case says aggravated criminal damage can be committed against your own property

Merrick

what case says you dont need to show factual endangerment of others just the intention/risk

Dudley

whats the AR for aggravated criminal damage

destroying or damaging property without lawful excuse

whats the MR for aggravated criminal damage

intention/recklessness as to property damage AND intention/ recklessness as to endangerment of someone’s life

is the recklessness endangerment of someones life objective or subjective

subjective

what case says the endangerment of someones life needs to be linked to the result of criminal damage

R v Steer