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The Malicious Damage Act of 1861 is a law now mostly concerned with damage to property in the transport sector of society. It forbids willful damage to railways, roads, and even lighthouses. Beyond simple damage to property, it also covers willful disruption of transport systems, such as might be accomplished by giving false signals or removing navigational buoys in waterways[1]. Written before the formation of the Republic of Ireland, it survives in both British and Irish law. Additionally, it persists in many British Commonwealth countries, who were a part of the British Empire in 1861, including Canada, Trinidad & Tobago and many formerly British African colonies. Image File history File links Scale_of_justice. ...
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In the criminal law, intention is one of the three general classes of mens rea necessary to constitute a conventional as opposed to strict liability crime. ...
In English criminal law, intention is one of the types of mens rea (Latin for guilty mind) that, when accompanied by an actus reus (Latin for guilty act) constitutes a crime. ...
In the criminal law, recklessness (sometimes also termed wilful blindness) is one of the three possible classes of mental state constituting mens rea (the Latin for guilty mind). To commit an offence of ordinary as opposed to strict liability, the prosecution must be able to prove both an actus reus...
Criminal negligence, in the realm of criminal common law, is a legal term of art for a state of mind which is careless, inattentive, neglectful, willfully blind, or reckless; it is the mens rea part of a crime which, if occurring simultaneously with the actus reus, gives rise to criminal...
In the criminal law, corporate liability is an aspect of criminal vicarious liability and determines the extent to which a corporation as a fictitious person can be convicted of offences committed by the natural persons it employs. ...
The legal principle of vicarious liability applies to hold one person liable for the actions of another when engaged in some form of joint or collective activity. ...
In criminal law, strict liability is liability where mens rea (Latin for guilty mind) does not have to be proved in relation to one or more elements comprising the actus reus (Latin for guilty act) although intention, recklessness or knowledge may be required in relation to other elements of the...
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For a general discussion of the principles, see duress In English law, duress is a defence which allows a limited excuse in favour of those who commit crimes because they are forced or compelled to do so against their will by the threats of another. ...
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Under English law, the Criminal Damage Act 1971 is the main statute covering damage to property. ...
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In English law, the main deception offences are defined in the Theft Act 1968 (TA68), the Theft Act 1978 and the Theft (Amendment) Act 1996. ...
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The Theft Act 1978 supplemented to earlier Theft Act 1968. ...
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History
Prior to the 19th century, property damage in Britain was reserved to a single offense: arson, defined as the willful burning of a personal dwelling. Gradually, very specific legislation was passed, expanding the resources with which the state could protect the rights of property owners. Eventually, these many separate laws were simplified and aggregated under the Malicious Damage Act. For 110 years it was the principle means of legal recourse for property owners of all types. In 1971, however, Parliament enacted the Criminal Damage Act 1971, which subsumed many of the Malicious Damage Act's sections into its own body. Currently, therefore, the Act almost exclusively covers damage done to property in the transport sector[2]. Arsonists redirects here. ...
Under English law, the Criminal Damage Act 1971 is the main statute covering damage to property. ...
Specific provisions The following is a list of the various provisions of the original act, with notation, where known, as to whether the section is still in effect:
Sections 1-13 Addresses buildings and their contents.
Section 2 Makes setting fire to a dwelling house illegal.
Section 3 Makes setting fire to any sort of house, with intent to injure or defraud, illegal, whether as primary actor or accessory before the fact.
Sections 14 & 15 Covers machinery and goods used for manufacture.
Sections 16-24 Looks as the protection of corn, trees, and vegetable products
Section 22 Prohibits malicious damage to trees.
Section 25 Prohibits damage to fences.
Sections 26, 28 & 29 Regulates damages to mines.
Sections 30-32 Offers protection for shore-side facilities used on and around waterways
Sections 33-34 Punishes damage to bridges, viaducts and toll-bars
Section 35-38 Protects railways.
Section 35 Makes illegal the obstruction of a railway, removal or damage of the rails themselves, damage to turning points, or tampering with the signal system in any way. It requires evidence of intent to "obstruct, upset, overthrow, injure or destroy any engine, tender, carriage or truck" on a railway[3]. Maximum penalty is life imprisonment. An indictment is required.
Section 36 Covers the same prohibitions as Section 35, but no specific intent is necessary for a finding of guilt.
Section 39 Guards against damage to works of art.
Section 40-41 Legislates against damage to cattle and domestic animals.
Sections 42, 45-47 Protects ships themselves.
Sections 48-49 Examines damage to sea marks, wrecks, and wrecked goods. |
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