Basic Criminal Damage Case Law

Question 1

Actus Reus

Answer 1

Destroy or damage: Destroy to completely dispose of or render useless, damage has a wide range of potential meaning. Morphitis v Salmon, Fiak, Crown (R) v A (?), Samuel v Stubbs, Hardman v Chief Constable of Avon, R v Fancy, Roe v Kingerlee

Property: S10(1) CDA 1971

Belonging to another: S10(2) CDA 1971

Question 2

Mens Rea

Answer 2

-Intention: Intention means aim or purpose) (Crown (R) v Maloney)

-Recklessness: (Crown (R) v G - two minors accidentally failed to put out a fire and damaged a shop, causing £1m damage. Initially convicted, but then acquitted)

-What is the test? 1) Aware of the risk & 2) Unreasonable risk - he was successful in getting the dog to drop the bag & runs off - this is highly important and can prevent a conviction - can go either way