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Definitions and case laws related to criminal damage and aggravated criminal damage under the criminal damage act 1971. Topics covered include the definitions of damage and destroy, property belonging to another, mens rea (intention and recklessness), lawful excuse, and arson. Notable cases include gayford v chouler, roe v kingerlee, hardman v chief constable of avon and somerset constabulary, blake v dpp, fiak, a v r, morphitis v salmon, steer, webster, warwick, sangha, merrick, gemmell and richards, cooper, miller, denton, jaggard v dickinson, hunt, blake v dpp, cresswell and currie, and baker and wilkins.
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Basic Criminal Damage Definitions s. 1(1) Criminal damage Act 1971 Destroy or damage What is the definition of damage? Gayford v Chouler (1898) What is the definition of destroy? Roe v Kingerlee (1986) Hardman v Chief Constable of Avon and Somerset Constabulary (1986) Blake v DPP (1993) Fiak (2005) A (a juvenile) v R (1978) Morphitis v Salmon (1990) Property s. 10(1) Belonging to another s. 10(2) Smith (1971) Mens rea: intention Pembliton (1874)
Mens rea: recklessness Gemmell and Richards (G and R) (2003) Aggravated Criminal Damage Definitions s. 1(2) Criminal Damage Act 1971 Danger to life Steer (1987) Webster (1995) Warwick (1995) Life not actually endangered Sangha (1988) Own property Merrick (1995) Mens rea What is the mens rea of aggravated criminal damage? G and R (2003) Cooper (2004) Arson Definitions s. 1(3) Criminal Damage Act 1971 Miller (1983)