Criminal Damage Legal Research Assignment Sample

Introduction Of Criminal Damage Legal Research Assignment

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Legal research

Legal research is mainly a process of identifying and also retrieving all information which is necessary to support legal decision making and it also supports legal arguments and decisions. In addition, there are mainly five ways of conducting legal research such as firstly creating a proper plan, consulting some secondary sources, also consulting primary sources, enlarging primary law and modernising this primary and last organize the main result. Apart from this, there are certain types of research tools which help to conduct a positive result through “Articles, Research papers, Thesis and Dissertations, Reports of Commissions, Court judgments and Case commentaries”. Legal research and analysis are a process in which a topic can be examined and used to determine which rules and laws can apply to the facts of this case. In addition, it also helps to understand relevant facts of a claim. It also states that there are different types of remedy which is asked in every case in court and other cases which may impact the decision of judges. Conducting the legal research also determines all types of legal issues and will find outcomes which simplify every case. It can be a hard part of legal research but it gives a positive outcome and focuses on modification.

Identification of issues

The main issue of this case states that Adam doesn't have the intention to damage Claire's properties and in this case, Clair thinks that Adam intentionally damages property by kicking a ball. In every case damage is not always defined by CDA 1971 it is also elucidated not always physical and mental harm but also “impairment of value or usefulness” [1]. Damaging private property is mainly constituted as criminal damage. In this case, Adam was damaging private property of Claire's garden and which is referred to as a subsection 2 shall be punished with proper imprisonment in a long term which can extend to 10 years and also a fine under “Section 4 CDA 1971”. In this case, Adam was not sure about the entire damage and was not aware of this rest but he unreasonably takes the risk of his own [2]. The main issue arose when Clair turned his face and used a knife to crack Adams' football. The main intention of Clair Crack, Adams football, states that Adam can’t smash any more property of Clair’s with or without any intention.

Appropriate legal rules

Legal rules need to be discussed under the case issues such as a person who without an excuse destroys anyone's property or being reckless would be most guilty of an offence. In addition, here the punishment raises a person's guilt under section 1 and offence under section 1(2) which can be “conviction on indictment to imprisonment for life”. In every case of damaging property not exceeding the terms of 10 years, he or she must be liable for imprisonment under “Criminal Damage Act 1971”. This case mainly includes Mens Rea which states the recklessness and defines the main purpose and issues of this case under CDA 1971 [3]. In this case, “Section 5(3) CDA 1971”, mainly includes the subjective element which discusses the purpose of this section in this case which is immaterial and in which a belief is justified neither it is an honesty held [4]. In addition, this case is also called vandalism which covers a broad area of criminal offences which are mainly associated with intentional or reckless damage to properties with structures. Laws and rules highlighted through the vandalism include several factors which need to be present in this case such as property must be below to persons [5]. There was a proper intention to damage the property and also any damage that happens is also undertaken without the owner’s consent.

Application of rules

In this present scenario, the main offence of vandalism mainly involves different circumstances and meanings also charges which are not straightforward cases. In addition, penalties also arise for these issues and the cost of repairs which is valued at £5,000 a fine of £2,500 can also be granted. In this case, the “Criminal Damage Act 1971”, does not state the punishment for Adam if the guilty has been proved through Claire's decision. In every case damage needs to be visible which only depends on this case also “tangible if it affects the value or performance of the property”. Mens Rea also includes and involves the criminal event which discusses through this case and also refers to the guilt of a mental state. In order to discuss, under “The Model Penal Code”, which states “purpose (same as intent), recklessness, negligence and knowledge” [6]. It creates conscious awareness which needs to be properly implemented in this case and procure a positive result and ideal outcome.

Conclusion

As per this context, this case study mainly depends on a damage case in which it constitutes a brief direction. In addition, it also states legal research in which this case can portray a proper and ideal outcome. Apart from this, it also concludes identification of proper issues of this case and in which it mainly constitutes that impairment of values and also the usefulness. In this case, it mainly defines that Adam did not intentionally damage Claire's property. Here also applied some appropriate legal rules which need to be implemented in this and states a main purpose of this case under this certain act. This case is also covered through vandalism which covers proper and also a broad area of criminal offences. It is also associated with matters and beliefs of this case with intentional or with reckless damage of property. This present scenario. It also involves some different circumstances with the meaning of charges which is not straightforward in this case and also added issues under “criminal damage act 1971”. Mens Rea involves criminal events and also refers to the guilt of creating a mental state. This section of the study properly implemented a brief description of the offence which was not done intentionally and it also concludes preparations and concludes an opposite outcome with appropriate legal rules.

Reference

Journal

Duff, R. A. "Two Models of Criminal Fault." Criminal Law and Philosophy 13, no. 4 (2019): 643-665.

Edwards, Susan SM. "Recognising the Role of the Emotion of Fear in Offences and Defences." The Journal of Criminal Law 83, no. 6 (2019): 450-472.

Websites

gov.uk, 2021, Report vandalism, Available at: https://www.gov.uk/report-vandalism Accessed on 20th April, 2022]

legislation.gov.im, 2021, CRIMINAL DAMAGE ACT 1981 Available at: http://www.legislation.gov.im/cms/images/LEGISLATION/PRINCIPAL/1981/1981-0019/CriminalDamageAct1981_1.pdf [Accessed on 20th April, 2022]

Legislation.gov.uk, 2021, Criminal Damage Act 1971, Available at: https://www.legislation.gov.uk/ukpga/1971/48/section/1#:~:text=1%20Destroying%20or%20damaging%20property.&text=(1)A%20person%20who%20without,be%20guilty%20of%20an%20offence. [Accessed on 20th April, 2022]

Service.gov.uk, 2021, Arson and Criminal Damage Classification Rules and Guidance (1 of 3), Available at: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/977214/count-damage-apr-2021.pdf [Accessed on 20th April, 2022]

[1] Service.gov.uk, 2021, Arson and Criminal Damage Classification Rules and Guidance (1 of 3), Available at: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/977214/count-damage-apr-2021.pdf

[2] Legislation.gov.uk, 2021, Criminal Damage Act 1971, Available at: https://www.legislation.gov.uk/ukpga/1971/48/section/1#:~:text=1%20Destroying%20or%20damaging%20property.&text=(1)A%20person%20who%20without,be%20guilty%20of%20an%20offence

[3] legislation.gov.im, 2021, CRIMINAL DAMAGE ACT 1981 Available at: http://www.legislation.gov.im/cms/images/LEGISLATION/PRINCIPAL/1981/1981-0019/CriminalDamageAct1981_1.pdf

[4] Edwards, Susan SM. "Recognising the Role of the Emotion of Fear in Offences and Defences." The Journal of Criminal Law 83, no. 6 (2019): 450-472.

[5] gov.uk, 2021, Report vandalism, Available at: https://www.gov.uk/report-vandalism

[6] Duff, R. A. "Two Models of Criminal Fault." Criminal Law and Philosophy 13, no. 4 (2019): 643-665.