6. Criminal Damage Offences

Question 1

When does a defendant commit criminal damage?

Answer 1

When they,
(a) destroy or damage
(b) property
(c) belonging to another
(d) without lawful excuse
(e) intending to do so, or being reckless as to whether the property is destroyed or damaged

Question 2

What is the general test for whether property is damaged?

Answer 2

1. Usefulness or value is impaired, and/or
2. Will involve effort or expense to repair

Definition: Damage is anything that is more than minimal impairment of usefulness and value.

Question 3

Only what type of property can be damaged?

Answer 3

Physical property

Question 4

What types of property are specifically excluded from criminal damage?

Answer 4

Wild plants, animals and fungi

Question 5

What is the exception to the rule that a person generally cannot commit criminal damage to property they own?

Answer 5

If the property is co-owned with another

Question 6

To commit criminal damage, what must the defendant know or believe?

Answer 6

That the property belongs to another

Question 7

When does Property belong to another under the Criminal Damage Act (CDA) 1971?

Answer 7

Property will be treated for the purposes of the CDA 1971 as belonging to anyone who has legal ownership, for example the registered owner of a car or a house, but the definition is wider than this.

Section 10(2) provides some additional guidance, specifically that it includes property over which the victim has:
* custody or control;
* a proprietary right or interest; or
* a charge.

Question 8

What are the two specific defences (lawful excuses) to criminal damage?

Answer 8

Defendant:

1. Believes owner did or would consent, or
2. Honestly believes their own property is in immediate need of protection and this is reasonable in the circumstances

Question 9

Does life actually need to be endangered to sustain a charge for aggravated criminal damage?

Answer 9

No

Question 10

What are the other two differences between criminal damage and aggravated criminal damage?

Answer 10

1. Property can belong to the defendant
2. The defences to criminal damage do not apply

Question 11

As an aside, why do the criminal damage defences not apply to aggravated criminal damage?

Answer 11

1. Owner consent defence: Because it would be unusual to allow the owner of property to consent to the endangerment of life
2. Protecting own property defence: Because the law does not allow human life to be endangered for the protection of property (like how self-defence can permit lethal force but never to protect property alone)

Question 12

What is (1) arson and (2) aggravated arson?

Answer 12

Arson is criminal damage by fire
Aggravated arson is aggravated criminal damage by fire

Question 13

Damage by what alone will not amount to arson, but merely criminal damage?

Answer 13

Damage by smoke, but not fire

Question 14

What is the additional mens rea requirement to elevate criminal damage to aggravated criminal damage?

Answer 14

Defendant must intend or be reckless as to the endangerment of life by the exact damage caused to the property.

Life does not actually have to be endangered, but D checking to make sure there are no people around such that no life could be endangered will negate the aggravated part of the offence.