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

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, 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

What are the two defences to criminal damage?

Answer 7

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 8

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

Answer 8

No

Question 9

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

Answer 9

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

Question 10

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

Answer 10

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 11

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

Answer 11

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

Question 12

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

Answer 12

Damage by smoke, but not fire

Question 13

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

Answer 13

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.