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7.5.18.2 - Checklist: Criminal Damage with a View to Gain

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Three elements the prosecution must prove beyond reasonable doubt:

1. The accused damaged or destroyed property; and

2. The accused did so dishonestly; and

3. The accused did so with a view to gain.

Damage or Destroy Property

1. Did the accused damage or destroy property?

If yes, then go to 2

If no, then the accused is not guilty of criminal damage with a view to gain

Dishonesty

2. Did the accused damage or destroy the property dishonestly?

If yes, then go to 3

If no, then the accused is not guilty of criminal damage with a view to gain

View to Gain

3. Did the accused damage or destroy the property with a view to gain?

If yes, then the accused is guilty of criminal damage with a view to gain (as long as you also answered yes to questions 1 and 2)

If no, then the accused is not guilty of criminal damage with a view to gain

Last updated: 30 May 2014

 

See Also

7.5.18 - Criminal Damage With a View to Gain

7.5.18.1 - Charge: Criminal Damage with a View to Gain