Summary
Summary Criminal Law (LL1003)
- Course
- Institution
Lecture notes and summarised case law on the topic of Criminal Damage
[Show more]
Seller
Follow
bareeraahmed
Content preview
Lecture 15: Criminal DamageCriminal Damage Act 1971
- Criminal Damage s.1 (1)
- Criminal Damage endangering life s.1. (2)
- Arson s.1 (3)
- Threatening to destroy or damage property s.2
- Possessing anything with intent to destroy or damage
property s.3
o Possession of an article
- Main criminal damage is s.1
- What runs throughout all section is destroying and
damaging property
The Actus Reus of the Offences:
1. Causing Damage or Destruction
2. Of Property
3. Belonging to Another (s.1(1), s.1(2), s.1(3), s.2 (a) and s.3 (a)) OR own property (s.1(2), s.1(3) a s.2
(b) and s.3 (b))
- Own property- if it relates to endangering life then it is criminal damage
4. Without Lawful Excuse
- If a D has excuse that will be the nature of the offence- Section 5
Criminal Damage Simple- s.1 (1)
- Criminal damage can take different forms
- Property- can be both tangible and intangible
- Excluded land unless some form of trust form
- Similar to Theft Section 4
- The difference is it only relates to tangible
property
- Land is included
- Damage and destruction is the only other
extra principal
, Aggravated Criminal Damage- s.1 (2)
- Difference to s.1 (1) is property has to belong to
himself or another
- For the whole offence to be committed it must
include endangering life
- R v Steer 1988
o What is the nature of offence in term of
destroying or damaging property
o Buys shops from former business partner
house
o No life harmed
o Were the shots the damage to life or did
there actually have to be
o Coa- must be shown it is damaged to
property that endangers life
o HoL- Endangering life has to relate to the
action of damaging property
Arson- s.1 (3)
- If life was endangered by fire, then they will
charge s.1 (3) arson with s.1 (2) aggravated
criminal damage- cannot use defences in s.5 (2)
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller bareeraahmed. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $9.70. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
52510 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now