3.10 Criminal Damage Flashcards
Section 1 Criminal Damage Act 1971
- Without lawful excuse
- Destroys or damages
- Property
- Belonging to another
- Intending to destroy or damage OR being reckless as to whether the property would be destroyed or damaged
Offence of Simple Damage - Criminal Damage Act 1971, s. 1(1)
- Triable either way
- 10 years’ imprisonment on indictment
- Six months’ imprisonment and/or a fine summarily
When would a Criminal Damage offence be tried summarily?
If the value of the property destroyed or damaged is less than £5,000 (does not apply if the damage is caused by fire)
Can you attempt Criminal Damage to the value of under £5,000 (as this would make it triable summarily)?
Yes
When can you deal with a Criminal Damage offence with a fixed penalty notice?
When the damage caused is less than £300
When can you issue a graffiti notice for Criminal Damage?
If the offence involves only the painting or writing on, or the soiling, marking or other defacing of, any property by whatever means
Offence of Racially or Religiously Aggravated Criminal Damage - Crime and Disorder Act 1998, s. 30(1)
- Triable either way
- 14 years’ imprisonment and/or a fine on indictment
- Six months’ imprisonment and/or a fine summarily
What are the two occasions where a defendant may have a lawful excuse for criminal damage?
Permission
- The belief that the person would consent to the damage had they known the circumstances
Protection
- Honest held belief of
- Immediate need of protection
- Means were reasonable in the circumstances
What is the main criterion for belief of lawful excuse under S1 Criminal Damage?
It must be honestly held
Does it matter if a belief of lawful excuse under S1 Criminal Damage is brought about by intoxication, stupidity, forgetfulness or inattention?
No
Is a belief in God’s consent a lawful excuse?
No
Can damage that can be easily rectified qualify as criminal damage?
Yes
Can putting something temporarily out of action for a short time (where it will revert back of its own accord) qualify as damage?
Yes
Is there a need under S1 Criminal Damage to prove that the damage is permanent or irreparable?
No
Can intangible property be damaged?
No
Can ‘real’ property be damaged?
Yes, even though it can’t be stolen
Does criminal damage include money?
Yes
Does criminal damage include wild creatures?
Yes, if they have been tamed or are ordinarily kept in custody
Can you commit criminal damage on an untamed / unkept wild creature or its carcass?
Only if it has been reduced / is in the process of being reduced into possession which has not been lost or abandoned
Can you commit criminal damage against mushrooms, flowers, fruit, foliage or a plant growing wild on any land?
No
What are the three ways that property can belong to a person under S1 Criminal Damage?
- Having custody or control of it
- Have any proprietary right or interest in it
- Having a charge on it
Is it an offence to damage your own property under S1 Criminal Damage?
No, unless there are aggravating circumstances
Can a person damage their own property and commit criminal damage if that property also belongs to another?
Yes
Can D commit criminal damage against property belonging to D’s spouse or civil partner?
Only with the consent of the DPP
S1 (2) Criminal Damage Act 1971
- Without lawful excuse
- Destroys or damages
- Any property
- Whether belonging to himself or another
- Intends / is reckless to destroy or damage any property, AND
- Intends / is reckless to endanger the life of another by the destruction / damage
What two elements are required for the offence of aggravated criminal damage?
- Cause damage (recklessly or intentionally)
- Risk of endangering the life of another
Is the offence of Aggravated Criminal Damage made out if there is only a risk of endangering the life of the offender?
No - it MUST be the life of another
Can minor damage be aggravated?
Yes, if it opens a risk of much more serious damage occurring and the life of another being endangered
How must life be endangered for the offence of Aggravated Criminal Damage to be made out?
If the life is endangered through the damage itself, not the item that caused the damage
Is the actual damage that is caused relevant in Aggravated Criminal Damage?
No - it is the damage which the defendant INTENDED or was RECKLESS about which is relevant
Offence of Aggravated Damage - Criminal Damage Act 1971, s. 1 (2)
- Indictable only
- Maximum life imprisonment
S1 (3) Criminal Damage Act 1971
Destroying or damaging property by fire
Does the £5000 rule apply to arson?
No
Offence of Arson - Criminal Damage Act 1971, s. 1 (3)
- Either way
- Indictment life imprisonment (aggravated damage by arson is indictable only)
- Summary 6 months (where life is not endangered)
S2 Criminal Damage Act 1971 - Threats to Destroy or Damage Property
- Without lawful excuse
- Makes to another a threat
- Intending that the other would fear it would be carried out
- To destroy / damage any property belonging to that person or a third person, OR
- To destroy / damage his own property in a way that he knows is likely to endanger the life of that person or a third person
Does it matter whether a threat to destroy or damage property is capable of being carried out?
No - it is the intention to make the person fear that the treats will be carried out that is important
Does the defence of ‘permission’ apply where the accused knows that the threatened damage is likely to endanger life?
No
Offence of Threats to Destroy or Damage Property - Criminal Damage Act 1971, s. 2
- Either way
- Indictment 10 years
- Summary 6 months
S3 Criminal Damage Act 1971 - Having Articles with Intent to Destroy or Damage Property
- Has anything in his custody or under his control
- Intending
- Without lawful excuse
- To use it or cause / permit another to use it
- To destroy / damage any property belonging to another person, OR
- To destroy / damage his own or the user’s property in a way which he knows is likely to endanger the life of another person
Will a conditional intent suffice for Having Articles with Intent to Destroy or Damage Property?
Yes
Can you apply for a search warrant for Having Articles with Intent to Destroy or Damage Property?
Yes, under S6 Criminal Damage Act
Offence of Having Articles with Intent to Destroy or Damage Property - Criminal Damage Act 1971, s. 3
- Either way
- Indictment 10 years
- Summary 6 months
What are the four intentions under Contamination or Interference with Goods?
- Cause public alarm or anxiety
- Cause injury to members of the public using / consuming the goods
- Cause economic loss to any person by reason of the goods being shunned by the public
- Cause economic loss to any person by reason of steps taken to avoid alarm / anxiety / injury / loss
What are the four intentions under S38 (1) Public Order Act 1986 (Contamination or Interference with Goods)?
- To contaminate or interfere with goods
- To make it appear that goods have been contaminated or interfered with
- To place goods which have been / appear to be contaminated / interfered with in a place where goods of that description are consumed / used / sold / otherwise supplied
- To threaten that he or another will do / claim to have done any of the above
Who does the offence of threatening that he or another will do, or claiming that he or another has done, any of the other offences under S38 (1) Public Order Act (Contamination or Interference with Goods) not include?
A person who in good faith reports or warns that such acts have been / appear to have been committed
Under 38 (1) Public Order Act 1986 (Contamination or Interference with Goods), what is it an offence to possess with the view to the commission of the offences?
- Materials used for contaminating / interfering with goods or making it appear that goods have been contaminated / interfered with
- Goods which have been / appear to be contaminated or interfered with
Offence of Contamination or Interference with Goods - Public Order Act 1986, s. 38 (1)
- Either way
- Indictable 10 years
- Summary 6 months
What are the two elements to the offence of Contamination or Interference with Goods?
- Actually contaminating the goods
2. Making threats to do, or claiming that an act has been carried out
