A 'Smasher' of a Quiz

Answer: Section1 (1)

The definition is, ' 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'.

Answer: Yes

Section 10 of the Act states:
(1) In this Act 'property' means property of a tangible nature, whether real or personal, including money and -
(a) including wild creatures which have been tamed or are ordinarily kept in captivity and any other wild creatures or their carcasses if, but only if, they have been reduced into possession, or are in the course of being reduced into possession; but
(b) not including mushrooms growing wild on any land or flowers, fruit or foliage of a plant growing wild on any land.

Although pets and farm animals are considered to be property, offences could be considered under cruelty to animals.

Answer: Life imprisonment

The aggravating factor of this offence is the intention of endangering life or being reckless as to whether life would be endangered, hence the hefty maximum sentence.

Answer: £5,000

This is catered for Section 22 of the Magistrates Court Act 1980, however if the damage was caused as a result of arson (by fire) then this rule does not apply.

Answer: Yes

This Act caters destroying or damaging property up to a value of £500. If a person is issued with such a notice, it obviates the need for them to attend at court. The fines imposed are either £50 or £80, dependent upon the severity of the behaviour.

This Act also includes Theft of retail property under £200, and selling Alcohol to a drunken person.

Answer: Public Order Act 1986

This is an offence which caters for contaminated or goods which have been interfered with, for example 'product sabotage' in supermarkets. There can be grounds for charging blackmail as well.

In the case of R v Witchelo (1992) 13 Cr App R (S) 371, the defendant who was a police officer, was sentenced to 13 years imprisonment after he obtained £32,000 from food producers, to whom he had sent threatening letters regarding his contaminating of their goods.

Answer: False

It is not an offence for a person to damage their own property, as it states in the act, 'belonging to another', unless life was endangered. An example of this would be someone who sets fire to his terraced house, thus endangering the lives of neighbours.

Answer: Crown court

The Criminal Damage Act 1971, states 'An offence committed under this section by destroying or damaging property by fire shall be charged as arson'.

Aggravated Damage cause by arson is only triable at Crown court.

Answer: They are not defined by the Act

The act does not define the terms 'destroy' or 'damage'. The courts have taken a wide view when interpreting these terms. Destroying property implies that is has been 'rendered useless', but there is no need to prove that 'damage' to property is permanent or irreparable.

Answer: Lawful excuse

The Act then goes on to say, ' (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 a third person, shall be guilty of an offence'.

There is no need to show that the 'other person' feared or believed the threat would be carried out, nor is there a need to show that the defendant intended to carry it out, or whether the threat was capable of being carried out.