Criminal Damage Flashcards

(14 cards)

1
Q
A
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2
Q

What constitutes an offence of simple criminal damage?

A

Mutilation of pets or farm animals constitutes simple criminal damage.

This includes acts such as harming or killing animals that are owned by someone.

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3
Q

What happens if parkland or a football pitch is dug up by vandals?

A

This will constitute simple criminal damage.

Vandalism of publicly accessible areas like parks or sports fields can lead to legal consequences.

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4
Q

What types of property are considered tangible?

A

Tangible property includes:
* Money
* Personal property
* Real property (land and things attached to land)
* Foliage
* Flowers
* Fruit
* Mushrooms

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5
Q

What is intangible property?

A

Intangible property includes assets like copyrights, which cannot be criminally damaged.

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6
Q

Can wild creatures be considered property?

A

Wild creatures can be classified as property if they are tamed or ordinarily kept in captivity.

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7
Q

What matters in determining criminal damage?

A

That damage or destruction was caused, and the defendant subjectively foresaw the risk of endangerment to the life of another yet took the risk anyway.

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8
Q

What must the actual damage caused to property create?

A

The potential for endangerment to life.

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9
Q

In R v Steer [1988] 1 AC 111, what was the basic offence committed?

A

Criminal damage due to the destruction of a window.

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10
Q

What caused the endangerment to life in R v Steer?

A

The bullet whizzing towards a person’s head inside.

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11
Q

What aggravated offence was not committed in R v Steer?

A

The aggravated offence of criminal damage.

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12
Q

What would constitute an aggravated offence in the example of a shop assistant?

A

The shattered shards of sharp glass creating endangerment to life.

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13
Q

True or False: The endangerment must relate to the life of oneself.

A

False.

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14
Q

What is insufficient for the mens rea in cases of endangerment?

A

Endangering one’s own life.

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