unit 5, p3, and the continuation of M2. These assignments were written while research and analytical thinking were involved. D* grade has been achieved. The assignment covers the following topics: the law with respect to criminal damage in given situations and the law on criminal damage in a given ...
Unit 5- P3, M2
Alex omidvar
Unit 5 – P3 - Explain the law with respect to criminal damage in given situations
Unit 5- M2- Apply the law on criminal damage in a given scenario
Introduction
In this assignment, I am going to describe the criminal damage s.1, Criminal damage with intent
to endanger life S.1 (2), Arson and Aggravated arson S.1 (3). The actus reus and mens rea of
each of these offences were considered in a comprehensive manner and relevant case laws
were imbedded. Moreover, the statutory laws were illustrated such as s.1 of the Criminal
Damage Act 1971. For M2, I am going to apply the law on criminal damage in a scenario. The
actus reus and mens rea of the scenario were thoroughly analysed ad evaluated. Case laws
were mentioned as a method of bolstering my argument. At the end, I am going to include a
reasoned and cohesive conclusion for the scenario.
Criminal damage – S.1
Criminal damage is described in s.1 (1) of the Criminal Damage Act 1971:” ‘A person who
without lawful excuse destroys or damages any property belonging to another intending to
destroy or damage or being reckless as to whether property is being destroyed or damaged
commits an offence.”
Actus reus:
Destruction The degree of damage needs to be sufficient. The case of A (a Juvenile) v R (1978)
is important as it shows that minor damage would not result in conviction. The defendant spat
on a policeman’s rain coat. It did not cause any permanent damage and therefore the court
stated that the act did not result in an unlawful damage to property. However, it would have
been different if the policeman’s rain coat was made of different material like leather.
Property
Property is described in s.10 (1) of the Criminal Damage Act 1971: “property of a tangible
nature whether real or personal including money.” The case of R v Whiteley is significant in
understanding the concept of property. The defendant hacked into a computer and altered
information stored on disks. Here the criminal damage was not tangible but the property that
was damaged was tangible. The defendant was convicted of criminal damage on grounds of the
damages he caused to the disks.
Belonging to another
Belonging to another is illustrated in section 10(2) of the Criminal Damage Act 1971: “where the
other has custody or control of it; or has a proprietary right or interest in it; or has charge of it.”
This law has many elements in common with the crime of Theft. The distinction is that the
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