Summary
Exam Summary flowchart for Criminal Law - Criminal Damage- Distinction level
A summary flowchart to take you step-by-step through exam scenario questions on criminal damage, incl. arson and aggravated. 78 achieved in exam.
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By: lucysc325 • 2 year ago
By: neilward83 • 2 year ago
By: eahwhittaker • 3 year ago
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Criminal DamageCriminal Damage
s1(1) simple
s1(2) aggravated criminal
s1(3) arson same under s1(1)
s1(3) arson same as ACD under s1(2)
AGGRAVATED
AR:
damage or destruction
- damage does not have to be extensive,
Harman v Chief Constable of Avon and
Omissions to act in general Somerset (will removing damage cause AR:
expense, i.e. chalk cleaned off a pavement by damage or destruction
have no liability- except
council)
where they create a - damage caused is a matter of fact decided by of property
dangerous situation. Then common sense, Roe v Kingerlee
belonging to another or hims
a failure to act will
of property
establish the actus reus, - wide definition, covers tangible, real or
Miller personal including money and certain animals
s10(1)(a) and plants s10(1)(b)
belonging to another
- property must belong to another/ another has MR:
interest in the property s10(2) - intending or being reckless to the
destruction or damage
OR ULTERIOR MR
MR: - intending or being reckless as to w
- Intend or be reckless to commit damage/ life is endangered by that destructio
destruction and damage
- know or be reckless to the knowledge that - no life needs to actually be in dang
property belongs to another without lawful Dudley
excuse - the damage/ result of the damage
must endanger the life, R v Steer
If D was reckless: s5 lawful excuse
defences do not apply
- did he at least foresee the
to aggravated
risk?
('without lawful excuse'
- did he go on to take the risk?
more likely to be self-
- and said risk was unjustified defence)
Ruling given in R v G that the
Cunningham meaning of
'recklessness' would stand
Was result D's aim or
NO
purpose?
Was D reckless as to R v Woollin
YES the crime? i. was the conseque
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