7929949
Description
Flashcards by Joanne North, updated more than 1 year ago
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Created by Joanne North
over 7 years ago
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| Question | Answer |
| 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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