2. Criminal Damage

Question 1

Samuels v Stubbs

Answer 1

Whether property is damaged is a question of fact and a degree

Question 2

A v R

Answer 2

Spitting on policeman’s coat is not criminal damage – implication is that there has to be some expense on part of the owner to restore property to previous condition

Question 3

Hardman v Chief Constable of Avon

Answer 3

Damage need not be permanent

Question 4

CDA 1971, s 10(1)

Answer 4

‘Property’ means property of a tangible nature, whether real or personal, including money

Question 5

S 10(2)

Answer 5

Property shall be treated as belonging to another having custody or proprietary interest in it

Question 6

Criminal Damage Act 1971, s 1(1)

Answer 6

Basic criminal damage

Question 7

R v G

Answer 7

Recklessness

1. At the time of committing AR, D was subjectively aware of the risk
2. In circumstances known to him, it was objectively unreasonable for D to take the risk

Question 8

R v Smith

Answer 8

D must know/ be reckless about possibility that property belonged to another

Question 9

S 5(2)(a)

Answer 9

D believes owner would have consented to damage

Question 10

S 5(3)

Answer 10

D’s belief need not be reasonable, just honestly held

Question 11

Jaggard v Dickinson

Answer 11

Belief that owner would have consented is held to be honest, even if resulting from intoxication

Question 12

R v Denton

Answer 12

D’s intention irrelevant if he has consent of owner (it may be for joint criminal enterprise)

Question 13

S 5(2)(b)

Answer 13

D acting to protect his or another’s property

Question 14

R v Baker and Wilkins

Answer 14

Defence only applies to protection of property, not persons

Question 15

Johnson v DPP

Answer 15

D must believe property in immediate need of protection

Question 16

R v Hunt

Answer 16

Damage caused by D must be objectively capable of protecting property

Question 17

S 1(2)

Answer 17

Aggravated criminal damage

Question 18

R v Sangha

Answer 18

Conviction upheld even though there was not actually any endangerment to life or property - issue is whether D intended/was reckless as to endangerment

Question 19

R v Steer

Answer 19

Endangerment must be by damaged property

Question 20

R v Webster

Answer 20

Intention to endanger life by stone falling on passenger not sufficient- it must be by damage to roof of train, which then go on to endanger life

Question 21

S 1(3)

Answer 21

Arson

Question 22

S 2

Answer 22

Threats to destroy or damage property

Question 23

S 3

Answer 23

Possession with intent to destroy or damage property

Question 24

Morphitis v Salmon

Answer 24

Criminal damage includes permanent/temporary impairment of value/usefulness