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...8 Section 51 of the Malicious Damage Act 1861 (24 & 25 Vict c 97) provided, so far as relevant, The defendant in..., envisaged the codification of the criminal law. As part of that project it examined a number of specific offences, among them the law of malicious damage, on which it published its Working Paper No 23 in April 1969. This described...recklessness in the context of damage to property under section 51 of the Malicious Damage Act 1861. Secondly, the matrix of the immediately preceding Law Commission recommendations shows convincingly that...
...Criminal Damage Act 1971 replaced almost in theirentirety the many and detailed provisions of the Malicious Damage Act1861. Its purpose, as stated in its long title was to revise the law ofEngland and Wales as to o...offence under the Malicious Damage Act 1861. Neither state of mind seems to me to be less blameworthy than theother; but if the difference between the two constituted the distinction...Malicious Damage Act 1861" (which was the matter in point in Reg. v. Cunningham); but it was" not directed to and consequently has no bearing on the meaning of" the adjective ' reckless' in section 1 of...
..., the appellant pleaded guilty to an offence under section 36 of the Malicious Damage Act 1861 of obstructing an engine or carriage using a railway. He also admitted a summary offence of failure to...report an accident. On 14th September 2017 the same judge sentenced him to eight months' imprisonment for the Malicious Damage Act offence with no separate penalty for the summary offence. The judge also...imposed a period of disqualification from driving for two years under section 146 of the Powers of Criminal Courts (Sentencing) Act 2000 with an extension period of four months under section 35A of...
...Malicious Damage Act 1861. Section 58 provides that where malice is an ingredient of an offence under that Act it is immaterial whether the offence was committed from malice conceived against the owner of ...more narrowly confined than the meaning which would be given to the word maliciously' under the Malicious Damage Act 1861. Provided that the evidence establishes that the vessel was lost or damaged due...criminal law context of the Malicious Damage Act 1861, to which Colman J referred. Apart from the fact that very few sections of the Malicious Damage Act remain on the statute book after ...
.... Cunningham had placed upon the adverb'maliciously' in the Malicious Damage Act 1861 in caseswhere the prosecution did not rely upon an actua...suffice to make himguilty of an offence under the Malicious Damage Act 1861. "Neither state of mind seems to me to be less blameworthythan the other; but if the difference between the...: "My Lords, the Criminal Damage Act 1971 replaced almostin their entirety the many and detailed provisions of theMalicious Damage Act 1861. Its purpose, as stated in itslong title, was t...
...financial loss. 2. Both applicants were charged with an offence contrary to section 36 of the Malicious Damage Act 1861. That section, which is headed "Obstructing Engines or Carriages...charges under section 36 of the 1861 Act should have been dismissed. In her ruling in Haroun, Judge Williams held as follows. First, she rejected a submission that the evidence did not show any unlawful..., the civil tort of trespass is an unlawful act within the meaning of section 36 of the 1861 Act, even if it is not in itself also a crime. In any event, trespass in the Channel Tunnel is a crime. It is...
...railway contrary to section 36 of the Malicious Damage Act 1861. A second count brought under section 35 of the same Act in respect of the same facts was not proceeded with. It may be noted that the...Crown Copyright ©1. MR JUSTICE CALVERT-SMITH: On 8th July 2010 at Merthyr Tydfil Crown Court these 12 applicants pleaded guilty to a count of malicious obstruction of a...Harassment Act 1997. Save for the names and dates of births of the defendants as they then were, these orders were in identical terms. 3. After reciting the defendants' details and the...
...convict's licence …. whom he reasonably suspects of having committed any offence.” “Offences against the Person Act, 1861, s. 66, and Malicious Damage Act, 1861,s. 57: Any constable may arrest wit.... If, he says, persons having a limited authority “do any act beyond the limit of their authority, they thereby subject themselves to an action of trespass: but if the act done be within the limit of...statement of claim is admitted.” It is desirable to state, so far as relevant, the Act of Parliament and the regulations under which the order for detention (or the document purporting to be such an...
...financial loss. 2. Both applicants were charged with an offence contrary to section 36 of the Malicious Damage Act 1861. That section, which is headed "Obstructing Engines or Carriages...charges under section 36 of the 1861 Act should have been dismissed. In her ruling in Haroun, Judge Williams held as follows. First, she rejected a submission that the evidence did not show any unlawful..., the civil tort of trespass is an unlawful act within the meaning of section 36 of the 1861 Act, even if it is not in itself also a crime. In any event, trespass in the Channel Tunnel is a crime. It is...
.... 2. The sentences were passed on two different occasions, following pleas of guilty, either to obstructing an engine or carriage or using a railway contrary to section 36 of the Malicious Damage Act ...yet turned to the anti-social behaviour orders. 31. So far as Jacqueline Sheedy, she too has four previous convictions including one under the same Act, namely under section 36...will continue until further order."36. The grounds for making such an order are those set out in section 1C of the Crime and Disorder Act 1998, as inserted by section 64 of...
...] EWCA Crim 2942. The appellants were convicted on their guilty pleas of obstructing a train contrary to section 36 of the Malicious Damage Act 1861, which carries a maximum sentence of two years...nuisance (also known as common nuisance), who (a) does an act not warranted by law, or (b) omits to discharge a legal duty, if the effect of the act or omission is to endanger the life, health, property...individuals or groups of individuals. They carry various maximum sentences. Some are triable only as summary offences (for example low level criminal damage or wilful obstruction of the highway) and others...
..."maliciously" in the equivalent context under the English Malicious Damage Act 1861 was addressed by Professor Kenny in the first edition of his book Outlines of Criminal Law, published in 1902, in terms which...inadvertently, the person doing the act is guilty of murder.To set fire to a dwellinghouse with another person in it is a felony. Indeed Section 3 of the Malicious Injury to..., because section 3 of the Malicious Injury to Property Act, Chapter 140 of the Laws of Barbados contains the following provisions.'Any person who unlawfully and maliciously sets...
...railway contrary to section 36 of the Malicious Damage Act 1861. A second count brought under section 35 of the same Act in respect of the same facts was not proceeded with. It may be noted that the...Crown Copyright ©1. MR JUSTICE CALVERT-SMITH: On 8th July 2010 at Merthyr Tydfil Crown Court these 12 applicants pleaded guilty to a count of malicious obstruction of a...Harassment Act 1997. Save for the names and dates of births of the defendants as they then were, these orders were in identical terms. 3. After reciting the defendants' details and...
...Damage Act, 1861 and his case was heard before Mr. Justice Gannon and a jury in the Central Criminal Court between 21st day of March, 1983 and the 24th day of March, 1983. The trial judge directed the jury...Act, 1924 for the purpose of bringing an appeal to the Supreme Court on a point of law. Following conviction, the applicant was sentenced to penal servitude for life. He was...however released on licence in the mid 1990s. In 2008, the applicant sought to have his conviction for murder quashed pursuant to the provisions of s. 2 of the Criminal Procedure Act, 1993 on the basis...
...arson contrary to section 7 Malicious Damage Act 1861. The Particulars of the Offence stated that he had "unlawfully and maliciously set fire to certain straw then being in a building". They omitted the...the period 1985 to 1997 and were, therefore, properly charged as indecent assault, contrary to section 15 (1) of the Sexual Offences Act 1956 ("the 1956 Act"). The appellant was prosecuted. However...and the Appellant was, therefore, charged with rape contrary to section 1 (1) of the Sexual Offences Act 2003 ("the 2003 Act"). 2. The case was sent for trial at the Crown Court and the...
...then from the house and went down to Mickey Donoghues. The applicant was charged with murder and arson contrary to s. 2 of the Malicious Damage Act, 1861 and his case was.... Leave to appeal was refused by this Court on 25th May, 1984, and the applicant was later refused a certificate to appeal to the Supreme Court pursuant to s. 29 of the Courts of Justice Act...seeks to have his conviction for murder quashed pursuant to the provisions of s. 2 of the Criminal Procedure Act, 1993 on the basis that there are newly discovered facts which show that there has been a...
...[1976] I.R. 85, is, however, such a case and is one directly in point. Miriam de Burca was charged with three separate offences, all alleging malicious damage contrary to Section 52 of the Malicious ...against the State Act, 1939, carried out a search of the premises known as Thornhill Manor, Clooncormack, Hollymount, Co. Mayo. This was and is the family home and property of the applicant. Resulting...firearms and ammunition contrary to Section 17 of the Firearms Act, 1925, as amended by Section 21 of the Firearms Act, 1964. The other four summonses claimed, that on the date of the first search the...
...the meaning accorded to it under the Malicious Damage Act 1861. Section 58 provides that where malice is an ingredient of an offence under that Act it is immaterial whether the offence was committed...the meaning of "person acting maliciously" should be more narrowly confined than the meaning which would be given to the word "maliciously" under The Malicious Damage Act 1861. Provided that the..., their primary answer to the insurers' case that there was an infringement of customs regulations was that the proximate cause of the detention of the vessel was the malicious act of the drug smugglers who...
...the word maliciously is quite capable of covering wanton damage is clear from its use and the meaning accorded to it under the Malicious Damage Act 1861. Section 58 provides that where malice is an...under The Malicious Damage Act 1861. Provided that the evidence establishes that the vessel was lost or damaged due to the conduct of someone who was intending to cause it to be lost or damaged or was...terrorists or by some other outsider in order to cause malicious damage, there would have been an insured peril within the Institute War Clauses dated 1.10.83 which was expressly incorporated into the...
...sinking or destruction of a vessel were even used in the statutory offence under section 43 of the Malicious Damage Act, 1861 of unlawfully and maliciously casting away a ship with intent to prejudice...war risks loss record which suggested that the shipowner in question or his vessels were peculiarly exposed to, for example, persons causing malicious damage would be capable of being material...tourist season, then called at Italian Adriatic ports, it is, in my judgment, wholly unreasonable to perceive any enhanced risk of malicious damage affecting the renewed entry. The...