CELE SQE

CELE SQE1 模拟练习

Examination Timing: 00H02M20S

A woman holds a grudge against her former employer. She goes to the former employer’s house intending to smash a window with a brick. She sees a car on the drive and realises someone may be inside the house. She also realises that, if she throws the brick, the life of anyone inside the house could be endangered either by the brick or by flying pieces of glass from the window smashing. However, she does not intend to harm anyone or endanger anyone’s life. The woman throws a brick through the kitchen window. The window smashes, and pieces of glass are thrown into the kitchen. The son of the former employer is sitting in the kitchen. The brick narrowly misses him, but he is cut by several pieces of flying glass, causing life-threatening injuries. Which of the following best describes why the woman is guilty of aggravated criminal damage?

A. She intended to throw the brick through the kitchen window and the son was injured by flying glass as a result.

B. She intended to throw the brick through the kitchen window and the son’s life was endangered by flying glass as a result.

C. She intended to throw the brick through the kitchen window and the son’s life was endangered by the brick as a result.

D. She intended to throw the brick through the kitchen window and was reckless as to whether a life would be endangered by the brick as a result.

E. She intended to throw the brick through the kitchen window and was reckless as to whether a life would be endangered by flying glass as a result.

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Aggravated criminal damage under the Criminal Damage Act 1971 requires that the defendant destroys or damages property, and that by doing so, she intentionally or recklessly endangers the life of another person. In this scenario, the woman intended to cause damage by throwing a brick through the window, knowing there was a risk that someone might be inside and that their life could be endangered by flying glass resulting from the smashed window. Although she did not intend to harm anyone, her awareness of the risk and proceeding regardless constitutes recklessness. This recklessness regarding the potential endangerment of life through flying glass satisfies the mens rea for aggravated criminal damage.

Key Point: Aggravated criminal damage involves not only the destruction or damage of property but also the intentional or reckless endangerment of life. Awareness of the risk and proceeding in spite of it (recklessness) fulfills the requirement for mens rea under this offence.

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Criminal Law and PracticeUnit 1Chapter 6

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