Revision notes for the criminal law module on the GDL at the University of Law. The hyperlinked notes detail the AR and MR and key case law authorities for the following topics: criminal damage, offences against the person (assault etc), homicide offences (murder etc), offences against property (th...
CRIMINAL LAW REVISION NOTES
GDL (University of Law)
Topics
Criminal Damage
Offences Against the Person
Sexual Offences
Homicide Offences
Offences Against Property
Intention and Recklessness
Defences
Attempts
Accomplice Liability
All notes correct and Distinction worthy as of
academic year 2019/20
, CRIMINAL DAMAGE
Simple Criminal Damage
s.1(1) of Criminal Damage Act 1971
AR: Damage or destruction of property belonging to another
MR: Intention or recklessness as to the damage, and understanding or recklessness as to the
property belonging to someone else
Arson
s.1(3) of Criminal Damage Act 1971
AR: Damage or destruction of property belonging to another (by fire)
MR: Intention or recklessness as to the damage, and understanding or recklessness as to the
property belonging to someone else
“Damage” is defined as when there is expense involved in restoring the property to its original
condition
Property belongs to another if someone else has the custody or control of it, or any proprietary
right or interest in it
“Lawful excuse” is a defence to simple criminal damage
• Belief in the consent of the person entitled, or the person the D thought was entitled, to
give permission for the damage to be caused
• Belief in the consent of the person entitled to give permission if they knew of the
circumstances
• Belief that property was in immediate need of protection, and belief that the means of
protection were reasonable in the circumstances
None of these beliefs need to be reasonable to another person, it matters only that they were
honestly held by the D
R v Smith: Wrongly believing something belongs to you is a defence to criminal damage
Aggravated Criminal Damage
s.1(2) of Criminal Damage Act 1971
AR: Damage or destruction of property, which endangers the life of another
MR: Intention or recklessness as to the damage and to the endangerment of life
Aggravated Arson
s.1(3) of Criminal Damage Act 1971
AR: Damage or destruction of property by fire, which endangers the life of another
MR: Intention or recklessness as to the damage and to the endangerment of life
R v Dudley: It does not necessarily matter whether life was actually put in danger, only that there
was a clear risk it may have been, which the D appreciated
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