Criminal 6: Criminal Damage

Question 1

Elements of criminal damage

Answer 1

Damaging property belonging to another without lawfull exuse, intending or being reckless as to the damage to property.

AR
- Damage or destroy
- without lawful excuse
- Property belonging to another

MR
- Intend to destroy or damage such property; or
- Being reckless to whether such property would be destroyed or damaged

Question 2

What counts as damage?

Answer 2

1. temporary damage
   - required time/effort to fix
   - even if it would go away by itself (ie graffiti that would wash away in rain is cleaned up)
   - NOT spit that can be wiped away with tissue
2. Impairs Value or Usefulness
   - either permanent or temporary
   - eg. blocking toilet making them temporarily unusable

Question 3

What counts as property BELONGING to another?

Answer 3

Property shall be treated as belonging to any person –
- Having the custody or control of it;
- Having in it any proprietary right or interest (not being an equitable interest arising only from an agreement to transfer or grant an interest);
- Having a charge on it – (ie. mortgaged property will belong to the bank)

Own property
- IF co-owned

Question 4

Elements of Arson

Answer 4

AR
- Destroy or damage property by fire
- Property
- Belonging to another
- Without lawful excuse

MR
- Intention or recklessness as to the destruction or damage or destruction of property belonging to another by fire

Question 5

What defences are there to criminal damage/arson?

Answer 5

NOT for aggravated criminal damage/arson

1. Believes owner would consent
2. Acts to Protect Property

Question 6

Elements of Aggravated Criminal Damage?

Answer 6

AR
- Damage or destroy (or damage by fire)
- Property (can be own property)

MR
- Intention or recklessness as to the destruction or damage of property (by fire)
- Intention or recklessness as to the endangerment of life by damage or destruction (by fire)

Question 7

Defence of acting to protect property

Answer 7

2. Acts to Protect Property
   - D must act to protect property (not to save life)
   - D must believe that the property was in immediate need of protection (subject)
   - D must believe that the means of protection adopted are reasonable
   - The damage caused by D must be (objectively) capable of protecting the property (not setting fire to prove bad fire alarms, not vandalising to protest war)

Question 8

Criminal Damage Defence of consent

Answer 8

• must be honest but not reasonable
• counts if intoxicated
• motive (even fraud) is irrelevant
• NOT if religious belief (god gave consent)