6. Criminal Damage Offences

Question 1

When does a defendant commit criminal damage?

Answer 1

When they, without lawful excuse, destroy or damage property belonging to another 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

• extent of damage needed depends on type of property in question.
• factual question

Question 3

Only what type of property can be damaged?

Answer 3

Physical property
- includes household pets, land (cf. theft)

Question 4

Can an individual’s intellectual property be criminally damaged?

Answer 4

no - cannot be committed against intangible property

Question 5

What types of property are specifically excluded from criminal damage?

Answer 5

Wild plants, and fungi

UNLESS - evidently belong to someone (ie. neighbours manicured flower bed).
- should interpret ‘wild’ to mean ‘ownerless’

Question 6

Exception to general rule that person cannot commit criminal damage against their own property

Answer 6

Where property is co-owned with another

Question 7

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

Answer 7

Property belongs to another

Question 8

Does self-induced intoxication prevent D from relying the ‘belief in consent’ defence?

Answer 8

No
- D can still hold honest belief that another would consent even if self-intoxicated, provided it was genuine (Jaggard v Dickinson)

Note - D’s belief need not be reasonable, provided it is honest/genuine.

Question 9

What are the two defences to criminal damage?

Answer 9

Defendant:

1. Believes owner did or would consent, or
2. Honestly belief that is own or another’s property was in need of immediate protection, and means adopted were proportionate.

Question 10

For the defence of lawful protection of property, against what standard is D judged against?

Answer 10

Three tests:

• Honest belief - subjective
• Immediate need of protection - objective
• proportionate means - objective

Question 11

If D intended to harm V, but instead breaks a glass, is D guilty of criminal damage?

Answer 11

Not of actually criminal damage.
- rule of transferred malice means that D’s intention to harm person cannot be transferred to property.

Question 12

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

Answer 12

No

Question 13

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

Answer 13

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

Question 14

Why do the defences for simple criminal damage not apply to aggravated C.D?

Answer 14

1. Owner consent defence: unusual for an owner of property to consent to the endangerment of life
2. Protecting own property defence: law does not allow human life to be endangered to protect property.

Question 15

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

Answer 15

Arson is criminal damage by fire

Aggravated arson is aggravated criminal damage by fire

Question 16

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

Answer 16

Damage by smoke, but not fire

Question 17

What is additional mens rea must be shown for aggravated criminal damage?

Answer 17

Defendant must intend or be reckless as to the endangerment of life caused by that destruction or damage.
- not the act that caused the damage/destruction.

• no need for life to actually be endangered
• ’mens rea point’

Question 18

Can criminal damage be caused by omission?

Answer 18

yes

Question 19

When does property belong to another?

Answer 19

if they have ownership, custody or control, proprietary right, interest, or charge over the property.

Question 20

Will D still be guilty of aggravated criminal damage, if the property damage/destroyed is his own?

Answer 20

Yes - for aggravated CD cases, not necessary for property to belong to another.

Question 21

Are animals considered property, and thus, be ‘criminally damaged’?

Answer 21

Only if pets or kept in zoo

Question 22

Maximum sentence for simple criminal damage

Answer 22

if damage exceeds £5000 (either-way) - 10 years
if damage is £5000 or less (summary-only) - 3 months and/or fine

Question 23

Maximum sentence for aggravated criminal damage

Answer 23

indictable only offence - discretionary life sentence

Question 24

Maximum sentence for arson

Answer 24

indictable only offence - discretionary life sentence for both simple and aggravated arson

Question 25

For aggravated damage, what link must there be between the damage and the defendant’s mens rea?

Answer 25

the endangerment to life must stem directly from the damage rather than the defendant’s actions

Question 26

R v Mitchell - ‘without lawful excuse’

Answer 26

Held that a motorist who damages a wheel clamp to free their car, having parked on another’s property knowing of the risk of being clamped, does not have a lawful excuse.

Question 27

What standard of ‘recklessness’ applies to criminal damage offences?

Answer 27

subjective test - R v G
Requires that:
1) D himself recognised a risk of damage occurring;
2) acted anyway despite it being unreasonable to take the risk

Question 28

Morphitis v Salmon - ‘damage’

Answer 28

A scratch on a scaffold pole could not be considered damage, as it was just an ‘ordinary incident of its existence’.

Question 29

A (A juvenile) v R - ‘damage’

Answer 29

Spitting on a policeman’s coat was not damage, as it could simply be wiped away.

Question 30

What mens rea is required for aggravated arson?

Answer 30

intention or recklessness