Chapter 8: Criminal Damage Offences Flashcards
What is the actus reus of criminal damage?
A person commits criminal damage if they, without lawful excuse, destroy or damage property belonging to another
Will criminal damage occur if damage is slight or can be repaired easily?
Yes, damage will impair usefulness or value of the item or will involve effort or expense to repair.
A defendant paints a pavement with water soluble paints which easily wash away in the rain. The council decide to clean the pavement. Does this amount to criminal damage?
Yes
For the offence of criminal damage, does property need to be physical?
Yes
Are wild plant and fungi ‘property’ for the purposes of criminal damage?
No
Can a person be guilty of criminal damage to their own property?
No
What is the mens rea of criminal damage?
The defendant must intend to destroy or damage property or be reckless as to whether the item will be damaged. The defendant must also know or believe that the property belongs to another
What are the two defences to criminal damage?
- The defendant believes that the owner would have consented to the damage (belief does not need to be reasonably held)
- The property is in immediate need of protection.
What is the additional mens rea requirement in aggravated criminal damage?
The defendant must intend or be reckless as to the endangerment of life by damage caused to the property (life need not actually be endangered)
Are there any defences to aggravated criminal damage?
No
In the case of aggravated criminal damage, can the property belong to the defendant or to someone else?
Yes, aggravated criminal damage differs from basic criminal damage in that a person can cause damage to their own property
What is arson?
Criminal damage by fire
What is aggravated arson?
Aggravated criminal damage by fire
If a property is damaged by smoke and not fire, will the offence of arson have been committed?
No, if property is damaged by smoke and not fire the offence will be of criminal damage and not arson
