Criminal Damage Act 1971 - Factbites
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Topic: Criminal Damage Act 1971

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In the News (Thu 23 May 19)

 Cases - criminal damage
Held : Unanimously, Caldwell was wrongly decided, the test of recklessness was found in the preparatory work of the Law Commission prior to the Criminal Damage Act 1971.
Recklessness in the context of Criminal Damage does not require subjective appreciation of the risk of causing damage, but is also satisfied by a failure to consider an obvious risk.
[Criminal damage - recklessness - the test for Criminal Damage is always objective recklessness - intoxication no defence] /law/02_cases/mod5/14_5_cases_criminal_dam.htm by Asif Tufal, Criminal Damage Act 1971 by Asif Tufal, Criminal Damage Act 1971
The Web Site of Asif Tufal - Criminal Law Page /CrimePages/Crime24.html

 LL.B. Worldwide
For example, the actus reus of the offence of criminal damage is that property belonging to another must be destroyed or damaged (s1(1) Criminal Damage Act 1971).
For example, in murder the prosecution must prove that the victim died; in section 18 of the offences Against the Person Act 1861 that the victim was wounded or caused grievous bodily harm; and in criminal damage that the property was destroyed or damaged.
When the definition of an actus reus requires the occurrence of certain consequences, the prosecution must prove that it was the defendant's conduct which caused those consequences to occur. /Forum/message?forumid=216585&messageid=1068708664   (2210 words)

 Murder - Wikipedia, the free encyclopedia
The aggravated form of criminal damage, including arson, under s1(2) Criminal Damage Act 1971 could be the anticipatory offence rather than a charge of attempted murder.
Involuntary manslaughter is the killing of another person whether by act or omission either while committing an unlawful act (known as constructive manslaughter) or by gross negligence.
Voluntary manslaughter is murder mitigated to manslaughter by virtue of the statutory defences under the Homicide Act 1957, namely provocation, diminished responsibility or suicide pact. /wiki/Murder   (3903 words)

March 2003 intending to destroy or damage property in a way which they knew was likely to endanger the lives of others contrary to Section 3(b) of the Criminal Damage Act 1971.
These defendants are jointly indicted with conspiring together, contrary to Section 1(1) of the Criminal Law Act 1997 on the 13
Viscount Sankey stated that the question therefore had to be determined by reference to the principles of international law. /judgmentsfiles/j2686/jones-v-gloucestershire_cpc.htm   (3903 words)

 Murder - Wikipedia, the free encyclopedia
The aggravated form of criminal damage, including arson, under s1(2) Criminal Damage Act 1971 could be the anticipatory offence rather than a charge of attempted murder.
Causing death by dangerous driving (of a motor vehicle) was introduced because jurors, many of whom were drivers, thought the charge of manslaughter to carry too great a level of stigma for the degree of fault actually shown by some drivers and refused to convict when the charge was manslaughter.
Persons declared as dangerous offenders have an undetermined prison sentence, although it usually means an increase of 10 years (possibly to 35 or more years). /wiki/Murder   (4378 words)

 G.R. No. L-51354
On April 20, 1971, Virgilio DIZON, then the Acting Chief of Police of Tubigon, filed a Complaint with the former Municipal Court of Tubigon against ASUTILLA for Reckless Imprudence Resulting in Damage to Property, docketed as Criminal Case No. 1396.
The Petition further alleged that the criminal case was "utterly baseless" and "purely motivated by malice," and that the filing thereof was intended solely "to use the strong arm of the law in order to oppress, harass and coerce the petitioner and his employer to submit and agree to an amicable settlement of the cases."
On March 1, 1971, a Toyota jeep belonging to the Philippine National Bank, Tagbilaran and Tubigon Branches (PNB), and a Volkswagen Kombi, registered in the name of the Nazareno and/or Bohol Poly Clinic and apparently owned by Dr. Domiciano Nazareno and Dr. and Mrs. /judjuris/juri1986/jan1986/gr_51354_1986.html   (945 words) Criminal Law
Criminal Damage Sec 1(1) Criminal Damage Act 1971
Click Here to read the full text of all acts passed since 1988 INCLUDING Police Reform Act 2002
Make Off Without Payment Sec 3 Theft Act 1678 /study/law.html   (145 words)

 Alan Rawley Qc - Member Profile (
Barrister specialising in commercial fraud (criminal and civil), medical and professional negligence, general commercial and contract, crime, personal injury, contempt, stock exchange law, privy council (Commonwealth); important cases include R v Mayhew (Guiness), R v Brown (Blue Arrow); restrictive trade practices; re.
Norris (Blue Circle), Aboul Hosn (brain damage, first case awarded over £1m), R v Derek Hatton (Labour councillor); Esso v Mardon; R v Shorters; Hill v Chief Constable of West Yorks; Nixon v FJ Morris Contracting Ltd.
Called to the Bar 1958, Middle Temple; QC 1977; master of the bench Middle Temple 1985; deputy chairman Cornwall QS 1971; Recorder of the Crown Court 1972-1999; Member CICB 1999-2000; CICAP 2000 to date; fellow commoner Magdalene College, Cambridge since 1991. /l500/formex/pps/ukp7383.htm   (144 words)

 Updates, Criminal Law
The key proposition in G is that, as a matter of statutory interpretation, the House of Lords in Caldwell misconstrued section 1 of the Criminal Damage Act 1971 and failed to give effect to the meaning of "reckless" that Parliament intended.
Lords Bingham and Steyn, however, went further and buttressed their reading with a moral argument: one who commits an actus reus inadvertently may not be, or at least may not clearly be, sufficiently blameworthy to warrant conviction and/or punishment for a serious crime:
Although the early influence of Caldwell, in begetting a supplemental test of recklessness based on whether the defendant failed to give thought to a risk because he was indifferent to it, should now be discredited, the statement of the test in G differs from that in B v. /Updates/upcrimlaw_reck.htm   (1068 words)

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