Without Lawful Excuse

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AQA 2016
Joanne North
Fichas por Joanne North, actualizado hace más de 1 año
Joanne North
Creado por Joanne North hace más de 7 años
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Pregunta Respuesta
Where does without lawful excuse come from? S5(2) Criminal Damage Act 1971
The defendant is not guilty of criminal damage if he honestly believes that: The owner would have consented. Other property was at risk or in need of immediate protection and what he did was reasonable.
What are the other relevant cases in without lawful excuse? Hunt Cresswell and Currie Baker and Wilkins Jaggard v Dickinson Denton
What does the case of Hunt state? There is no immediate danger.
What does the case of Cresswell and Currie state? Wild badgers are not property.
What does the case of Baker and Wilkins state? Lawful excuse doesn't extend to people.
What does the case of Jaggard v Dickinson state? Intoxication doesn't matter in without lawful excuse.
What does Denton state? Honestly believes that the owner would have consented.
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