Criminal damage law teacher

  • What is criminal damage in English law?

    Section 1(1) of the Criminal Damage Act 1971 creates an offence of destroying or damaging any property belonging to another person, whether intentionally or recklessly, without lawful excuse.
    This offence attracts a penalty of a term of imprisonment not exceeding ten years..

  • Actus reus refers to the act or omission that comprise the physical elements of a crime as required by statute.
    Actus reus includes only a voluntary affirmative act, or an omission (failure to act), causing a criminally proscribed result.
  • Section 1(1) of the Criminal Damage Act 1971 creates an offence of destroying or damaging any property belonging to another person, whether intentionally or recklessly, without lawful excuse.
    This offence attracts a penalty of a term of imprisonment not exceeding ten years.
  • The mens rea requirement is premised upon the idea that one must possess a guilty state of mind and be aware of his or her misconduct; however, a defendant need not know that their conduct is illegal to be guilty of a crime.

What happens if a teacher abuses a student?

Both federal and state law strictly regulates the standards by which a teacher is required to conduct themselves.
Any teacher that violates educational standards may be subject to civil and criminal penalties.
Although it is not extremely common for teachers to abuse students, it does happen more often than most individuals realize.

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What is aggravated criminal damage?

S. 1 (2) of the 1971 Act creates the new offence of aggravated criminal damage.
It includes ,all elements of general criminal damage but with the additional element of being reckless as to creating danger to life.
S. 1 (3) of the 1971 Act draws a distinction between damage by fire and damage by other means.

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What is considered a 'tangible property' under the Criminal Damage Act?

While in the Malicious Damage Act 1861 there was a division between criminal damage inflicted on a number of objects such as:

  • buildings
  • goods
  • machinery
  • corn
  • trees
  • vegetable products
  • fences
  • mines
  • sea and river banks
  • etc., under the Criminal Damage Act 1971 this was formulated as simply “tangible property” under s. 10 (1).
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    What is the Criminal Damage Act 1971?

    The Criminal Damage Act 1971 is the leading piece of legislation, concerning offences involving damage to property. 1.
    Why was it introduced? (Political/Sociological Context) In April 1969, the Law Commission released a working paper and subsequently in 1970 – a report, which aimed to review the criminal law on the offences of damage to property.


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