2020 Criminal Damage Flashcards
what act is criminal damage seen under
the criminal damage act 1971
what offences are seen in the criminal damage act 1971
criminal damage/arson
aggravated criminal damage/arson
what are the elements of arson/criminal damage
destroys or damages property belonging to another intention without lawful excuse (fire is used when it is arson)
what cases show arson
R v Denton
R v G
R v Hunt
what does Roe v Kingerlee show
it is up to Jury to decide whether there has been damage or destruction
when does a damage typically go to the crown court
after £12,000
R v Whiteley
smearing poo on the wall is criminal damage.
any alteration to the physical nature of the property concerned may amount to damage
Hardman v chief constable of avon and somerset
painting silhoutte on pavement in bristol to remind of nuclear war was still criminal damage.
R v Fiak
clogs toilet flooding room this was criminal damage
what are the rules of property in similar too
the property seen in theft
what does property not include
plants flowers and mushrooms growing wildly on property
wild animals
what does belonging to another mean
someone else owns the property or has custody or control of it
R v Smith
if someone believes that the property is theirs there is no offence comitted
Seray-Wuvie v DPP
wrote with marker on street signs on estates. argued it was public information- still guilty
r v stephenson
subjective recklessness is allowed for intent
what are the two lawful excuses for criminal damage
s 5 2 a- consent to destroy or damage
s 5 2 b- destroy property in order to protect other property
R v Denton
must be honest belief in consent to use defence
Jaggard v Dickinson
drunken belief was allowed when friend broke into a house
Blake v DPP
objected to gulf war and wrote bible verses on house of commons- belief of god consenting can’t be used
R v Hunt
defence of property is done objectively
R v Hill & Hall
damage to property must be immediate it can’t be in the future
R v Williams
green peace allowed defence of protecting property for certain protests
what is different for aggravated criminal damage/arson
the mens rea (endangers life)
what is the mens rea for aggravted arson/CD
- Intention OR recklessness as to whether property be damaged or destroyed
- Intention OR recklessness as to whether life would be endangered
aggravated arson cases
. R v Castle, R v Cooper, R v Maitland-Thomas, R v Parker, R v Sangha
does life need to be enfangered
no there only needs to be a D who is aware life could be endangered
R v Sangha
R v Parker
R v Steer
bullets fired from a rifle through windows of a bungalow
R v Warwick
windscreen of a moving car smashed with a brick.
R v Webster and others
paving slab dropped onto roof of moving train
R v Wenton
window of house smashed with a brick, petrol canister and burning paper placed inside house
