Chapter 2 Criminal Damage

Question 1

Definition of what damage is

Answer 1

No statutory definition of damage for these purposes but it includes any change which requires expenditure of effort and or money to reverse.
Extends to actions which impair use, even temporarily

Use Hardman v chief Constable of Avon and Somerset 1986

Question 2

Hardman v chief Constable of Avon and Somerset 1986

Most important one for this unit!!!

Answer 2

Pavements WERE damaged by water soluble paint.

Principle: damage need not be irreversible. May take time/money to restore

Question 3

Lawful excuse for criminal damage

Basic criminal damage

Answer 3

s5(2)(a) CDA 1971

Lawful excuse if believed that had or would have the permission of anyone entitled to consent

Denton 1982
Blake v DPP 1993

S5(2)(b)CDA 1971
Believes property in need of immediate protection and that the means adopted were reasonable

Hill, Hall 1988 and hunt 1977

Question 4

Morphitis and Salmon 1990

Answer 4

Scratching scaffolding pole during use NOT damage
Removal of pole would impair use and WOULD be damage

Principle:

Question 5

Lawful excuse in aggravated crim damage

Answer 5

Consent or brief in consent does not apply

No definition of lawful excuse.
Defence under s5 CDA does not apply.

Perhaps d would have a lawful excuse if there was a serious risk to his own life

Question 6

S10(1) CDA 1971

Definition of property under Criminal Damage Act 1971

Answer 6

Property of a tangible nature (can be touched)

Includes real property (land) and personal property but excludes wild animals and wild flowers

Question 7

Intention/ recklessness in basic offence….

Answer 7

1. As to the destruction or damage

And

2. As to the fact the property belongs to another

Case law:
Smith 1974- removed wiring, not guilty as no MR as to “belonging to another”

Question 8

Case definition for

“Impairment of use”

Answer 8

Morphitis and Salmon 1990

Scratching a scaffolding pole is not damage.
Removal of scaffolding bar impaired use and IS criminal damage

Question 9

Blake V DPP 1993

Answer 9

Vicar wrote on HoC wall. Believed that God gave him permission.

Principle: Relates to lawful excuse (s5(2)(a))- belief that had permission of anyone entitled to consent.
GOD cannot give permission!!!

Question 10

Criminal Damage Act 1971

What does belonging to another mean?
Which section?

Answer 10

Property belongs not only to the owner but also, by s10(2) CDA to anyone who…

• having custody or control of it
• having in it any proprietary right or interest
• havibg a charge on it

Question 11

What is the offence of arson?

Answer 11

S1(3)CDA 1971
-“destroying or damaging property by fire”

This doesn’t constitute a separate offence, but merely refers to either of the other offences being committed by fire

Question 12

Definition and cases for definition of “destroy or damage” part 2

Answer 12

1. Damage where permanent change in quality or value (ie spiking a drink)
2. Damage need not be irreparable
   Hardman v Police Constable of Avon and Somerset 1986. Water soluble paint. 👍🏻

Policemans coat spittle- A (a juvenile) 1978- not damage👎

Samuel v Stubbs 1972 “temporary functional derangement was damage. Police hat.👍🏻

Question 13

3 cases for the aggravated offence s 1(2) CDA 1971

Answer 13

Luke Wenton 2010 “by the cd” (NG)

Webster 1995

Warwick 1995

Question 14

Hill, Hall 1988

Answer 14

Cut down raf fences in belief it would lessen chance of a soviet attack.
D admitted he didn’t think it was immuniser and so defence failed.

Principle: s5(2)(b): believes property I need of immediate protection and that the means of protection adopted were reasonable.

Question 15

Denton 1982

Answer 15

D set fire to mill, believing that v wanted him to do it for insurance.
Not guilty as he believed this.

Principle: belief in consent - s5(2)(a)

Question 16

Definition of aggravated criminal damage

Answer 16

S1(2) Criminal Damage Act 1971

• “intentionally or recklessly destroy(ing) or damag(ing) any property, whether belonging to D or another… Intending by the destruction or damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered
  No needfor life to actually be endangered.
  Damage itself must endanger life (Wenton NG)

Can be done when D destroys or damages own property

Question 17

Definition and cases for “destroy or damage” part 1

Answer 17

Destruction is obvious and not further discussed

Question 18

Smith 1974

Answer 18

Criminal damage

Removed wiring that he had installed. Not guilty as no MR

Principle:
Must have recklessness or intention (MR) in relation to the fact that the property belongs to another

Question 19

The AR and MR of the basic offence of CD

Answer 19

D must…

Destroy or damage (AR)

Property (AR)

Belonging to another (AR)

Intending or being reckless as to the damage of property belonging to another MR

Question 20

AR and MR of aggravated offence

Answer 20

AR: destruction or damage to property

MR: intention or recklessness AND intention or recklessness as to endangering life BY the destruction/damage

Question 21

Offence of basic criminal damage

Definition

Answer 21

S1(1) Criminal Damage Act 1971

“Intentionally or recklessly destroy(ing) or damag(ing) any property belonging to another

Question 22

Mens rea of criminal damage

Answer 22

Intention or recklessness…

1. As to the destruction or damage and
2. As to the fact that the property belongs to another