Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Miller [1983] 2 AC 161, House of Lords. The document also included supporting commentary from author Jonathan Herring.
Chapter
R v Miller [1983] 2 AC 161, House of Lords
Chapter
R v Miller [1983] 2 AC 161, House of Lords
Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Miller [1983] 2 AC 161, House of Lords. The document also included supporting commentary from author Jonathan Herring.
Chapter
11. Criminal Damage
This chapter discusses the law and theory on criminal damage. Criminal damage involves the defendant intentionally or recklessly destroying or damaging property belonging to another. The defendant will have a defence if they were acting with a lawful excuse. There is an offence of aggravated criminal damage, where damage was done with the defendant being reckless about whether people’s lives would be endangered as a result. Four criminal damage offences are found in the Criminal Damage Act 1971: basic criminal damage, arson, aggravated criminal damage, and aggravated arson. There is also an offence of racially aggravated criminal damage. The chapter also considers the Computer Misuse Act 1990, which was designed to protect information kept on computers.
Chapter
11. Criminal Damage
This chapter discusses the law and theory on criminal damage. Criminal damage involves the defendant intentionally or recklessly destroying or damaging property belonging to another. The defendant will have a defence if they were acting with a lawful excuse. There is an offence of aggravated criminal damage, where damage was done with the defendant being reckless about whether people’s lives would be endangered as a result. Four criminal damage offences are found in the Criminal Damage Act 1971: basic criminal damage, arson, aggravated criminal damage, and aggravated arson. There is also an offence of racially aggravated criminal damage. The chapter also considers the Computer Misuse Act 1990, which was designed to protect information kept on computers.
Chapter
27. Offences of damage to property
David Ormerod and Karl Laird
The principal offences of damage to property are governed by the Criminal Damage Act 1971. Under s 1(1), a person commits an offence if he, without lawful excuse, destroys or damages any property belonging to another with the intention to destroy or damage such property or being reckless as to whether the property will be destroyed or damaged. This chapter deals with offences of damage to property and their mens rea, along with destroying or damaging property with intent to endanger life, arson, racially or religiously aggravated criminal damage, threats to destroy or damage property, possession offences, kindred offences and mode of trial and sentence for those guilty of offences of damage to property.
Chapter
11. Property offences 2: fraud and other property offences
This chapter examines property offences focusing on fraud, making off without payment, blackmail, and criminal damage. It explains the key provisions of the Fraud Act 2006 for different types of fraud, including fraud by false representation, fraud by failing to disclose information, fraud by abuse of position, and obtaining services dishonestly. It clarifies the difference between fraud and the previous offences of deception. The chapter then discusses burglary, aggravated burglary, criminal damage, and blackmail and identifies the types of legal defence that can be successfully employed for these offences. It also considers racially and religiously aggravated criminal damage, criminal damage endangering life, and arson.
Chapter
27. Offences of damage to property
The principal offences of damage to property are governed by the Criminal Damage Act 1971. Under s 1(1), a person commits an offence if they, without lawful excuse, destroy or damage any property belonging to another with the intention to destroy or damage such property, or being reckless as to whether the property will be destroyed or damaged. This chapter deals with offences of damage to property and their mens rea, along with destroying or damaging property with intent to endanger life, arson, racially or religiously aggravated criminal damage, threats to destroy or damage property, possession offences, kindred offences, and mode of trial and sentence for those guilty of offences of damage to property. The recent case law on protest through criminal damage, along with the relevance of proportionality under the European Convention on Human Rights, is also examined.