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Criminal Damage Short Notes

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This is an extract of our Criminal Damage Short document, which we sell as part of our Criminal Law Notes collection written by the top tier of Oxford students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Criminal Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

CRIMINAL DAMAGE Criminal Damage Act 1971 s.1 Destroying or damaging property. (1) A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence. (2) A person who without lawful excuse destroys or damages any property, whether belonging to himself or another---
(a) intending to destroy or damage any property or being reckless as to whether any property would be destroyed or damaged; and (b) intending by the destruction or damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered; shall be guilty of an offence. (3) An offence committed under this section by destroying or damaging property by fire shall be charged as arson. s.2 Threats to destroy or damage property. A person who without lawful excuse makes to another a threat, intending that that other would fear it would be carried out---
(a) to destroy or damage any property belonging to that other or a third person; or (b) to destroy or damage his own property in a way which he knows is likely to endanger the life of that other or third person; shall be guilty of an offence. s.3 Possessing anything with intent to destroy or damage property. A person who has anything in his custody or under his control intending without lawful excuse to use it or cause or permit another to use it---
(a) to destroy or damage any property belonging to some other person; or (b) to destroy or damage his own or the user's property in a way which he knows is likely to endanger the life of some other person; shall be guilty of an offence. BASIC CRIMINAL DAMAGE AR: destruction of / damage to property belonging to another without lawful excuse MR: D intended / was reckless that: (a) his action would damage / destroy property; and (b) that property belonged to another. Damage: This encompasses: (i) a reduction in the value of the item; (ii) a reduction in the usefulness of an item. Property: This is defined in s.10 of the CDA 1971: s.10(1): In this Act "property" means property of a tangible nature, whether real or personal, including money" and "wild creatures ... if they have been reduced into possession" but not including wild mushrooms / wild plants.

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