Criminal Damage

Question 1

Define Criminal Damage

Answer 1

Section 1(1) Criminal Damage Act 1971

A person commits an offence who
without lawful excuse destroys or damages any property belong to another, intending to destroy or damage such property or being reckless as to whether any such property would be destroyed or damaged.

Question 2

Consequences for damage under £5000

Answer 2

Called simple damage, it is dealt with as a summary offence with a maximum of 3 months imprisonment / fine.

Question 3

Consequences for damage over £5000

Answer 3

Is an either way offence with a maximum of 6 months imprisonment / fine (magistrates) an max of 10 years imprisonment (on indictment).

Question 4

Lawful excuses for criminal damage

Answer 4

Permission

• where the suspect believes they have consent to damage property including where they honestly believe they own the property
• they believed they would have had consent if the person entitled to give consent knew the circumstances of the damage

Protection

• they destroyed or damaged the property in order to protect property believe to be in immediate need of protection
• the means used must be reasonable in the circumstances

Question 5

Destroyed definition

Answer 5

The item destroyed must be in capable off being repaired.

Question 6

Damaged definition

Answer 6

This means that the property has suffered physical harm, impairment or deterioration.

Question 7

Definition of property

Answer 7

This includes any property of a tangible nature, real or personal, including money.
Property does NOT include:
• Flowers, fruit, foliage and fungi growing wild on any land
• Wild creatures not reduced into possession, and not normally kept in captivity.

Question 8

Belonging to another definition

Answer 8

Some basic definitions:
• Custody means safekeeping.
• Control means power to manipulate property without having legal title
or possession – e.g. parcel dispatcher.
• Charge means an encumbrance or burden put on land or a fund – a mortgage company will have a charge on the property purchased.
• Proprietary right or interest or legal charge may extend ownership of the property to include others who may have a legal interest in, or a responsibility for that property. If someone damages their own property, they may still commit criminal damage if another person also has a right to the property

Question 9

Definition of intent

Answer 9

This is known in law as mens rea (a guilty mind).

Intention may be proved by:
Admissions made by the defendant in interview regarding their state of mind at the time of the offence, and their answers to questions regarding their actions and intentions. And, or, by inference from the circumstances of the offence, evidence from witnesses, the defendant‟s actions or property found on them or in their control.

Question 10

Criminal damage can be proved by showing that an offender was reckless. Define reckless.

Answer 10

A person acts recklessly for the purposes of this Act with respect to:
• A circumstance where that person is aware that a risk exists or will exist.
• A result when he is aware of a risk that it will occur and it is, in the circumstances known to him, unreasonable to take the risk.

Question 11

Define aggravated criminal damaged

Answer 11

Section 1(2) criminal damage act 1971:

A person commits an offence who without lawful excuse destroys or damages any property whether belonging to themselves or another, intending to destroy or damage any property, or being reckless as to whether any property would be destroyed or damaged, and intending by the destruction or damage to endanger the life of another, or being reckless as to whether the life of another would thereby be endangered.

This is an indictable offence, max life imprisonment.

Question 12

Is there a lawful excuse for aggravated criminal damage?

Answer 12

Lawful excuse does not apply to this offence. There CANNOT be any lawful excuse for destroying or damaging property if the intention was to endanger some person‟s life, or the offender was reckless as to whether life might be endangered.

Question 13

Wrt aggravated criminal damage does the offender have to damage someone else’s property?

Answer 13

For this offence, the property damaged or destroyed does not have to belong to someone else. The offence can be committed by a person who destroys their own property if the intention was to endanger someone‟s life.

Question 14

Does someone’s life have to be endangered for aggravated criminal damage?

Answer 14

This offence can be complete even if no-one’s life is endangered. It is sufficient that this was the intention

Question 15

Define threats to destroy or damage property

Answer 15

Section 2 criminal damage act 1971

A person commits an offence who without lawful excuse makes to another a threat intending the other to fear it would be carried out, threatening to destroy or damage any property belonging to that other or a third person, or threatening to destroy or damage their own property in a way which they know is likely to endanger the life of that other or a third person.

The threats may be oral or written.

If a threat to life is involved there can be no lawful excuse.

Question 16

Define Having Articles with Intent to Destroy or Damage Property

Answer 16

Section 3 of the criminal damage act 1971

A person commits an offence who has anything in their custody or under their control, intending without lawful excuse to use it or to cause or permit another to use it to destroy or damage property belonging to another person or to destroy or damage their own or another’s property in a way which they know is likely to endanger the life of some other person

Either Way Offence

Question 17

What is the name of the offence if aggravated criminal damage is committed by use of fire

Answer 17

Arson with intent to endanger life