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Explain the law with respect to criminal damage in given scenario (P3)
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Explain the law with respect to criminal damage in given scenario (P3)
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Page |1UNIT 5 – Aspects of property offences and police powers
Assignment 1 Part B: Fraud & Criminal Damage
Task 3 – Explain the law with respect to criminal damage in given scenario (P3)
Subsidiary Diploma in Applied Law
Unit 5: Aspects of property offences and police powers
, Page |2
Simple Criminal Damage S1 (1) (A Juvenile) v R [1978] Crim LR 689 in which the
defendant his spit and spat on a police officer's
The essential wrongdoing in relation to criminal downpour coat. The saliva could be effortlessly
damage remains outlined within Criminal Damage cleared off and left no perpetual damage. It was
Act 1971 under S1 (1) which states that a held that this did not establish unlawful damage to
‘A person who without lawful excuse destroys or property. It would have been unique if the material
damages any property belonging to another were made of
intending to destroy or damage any such property another fabric
or being reckless as to whether any such property and left a stain or
would be destroyed or damaged shall be guilty of required
an offence.’ cleaning.
Outlined within the Criminal Damage Act 1971 are Property
four main offences, which fall under this act. These The accompanying components form the actus reus The meaning of property for the reasons for
offences include of Criminal Damage: criminal damage outlined within Criminal Damage
Act 1971 S10 (1). Property accepts just substantial
• Basic criminal damage • Destroy or damage
property. It incorporates genuine property (land
• Aggravated criminal damage
Destroy or damage incorporates short-lived or and structures) and individual property. Cash is
• Arson likewise included. By ideals of s.10 (1) (a) creatures
lasting actual damage to property, decrease in
• Aggravated arson worth or cost. A case which showed this is the case are possibly included in the event that they are
of. subdued or commonly kept in imprisonment and
under s.10 (1) (b) wild mushrooms, organic product,
Morphitis v Salmon (1990) where a platform post
blossoms, vegetation, and plants are prohibited.
was utilized to hinder a frontage road. A scratch off
a metal framework bar could not add up to criminal Belonging to another
Damage since it did not decrease its convenience or
Within the Criminal Damage Act 1971, under the
worth. In any case, the expulsion of the framework
Section 10 (2) it states that property shall be viewed
bar weakened the handiness of the barrier, and
as having a place with any individual having:
that would add up to criminal damage.
• Custody or control of it,
A conflicting case that might be seen as damage,
• A restrictive right or interest in it
but was not, was on account of.
Subsidiary Diploma in Applied Law
Unit 5: Aspects of property offences and police powers
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