Criminal Damage

Question 1

WHAT IS THE NAME OF THE LEGISLATION THAT GOVERNS CRIMINAL DAMAGE?

Answer 1

Criminal Damage Act 1971

Question 2

WHAT ARE THE TWO CRIMINAL DAMAGE OFFENCES DETAILED IN S1?

Answer 2

1. The basic offence
2. The aggravated offence
3. Arson - this is not a separate offence but refers to one
   of the above being committed by fire

Question 3

WHAT IS THE BASIC OFFENCE?

Answer 3

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

Question 4

WHAT IS THE ACTUS REUS OF THE BASIC OFFENCE?

Answer 4

• Destroy(ing) or damage(ing)
• Property
• Belonging to another

Question 5

WHAT IS THE MENS REA OF THE BASIC OFFENCE?

Answer 5

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

Question 6

WHAT IS THE AGGRAVATED OFFENCE?

Answer 6

Intentionally or recklessly destroy(ing) or damage(ing) any property belonging to the defendant or another… intending by the destruction or damage endanger the life of another by being reckless as to whether the life of another would be thereby endangered.

Question 7

WHAT IS THE ACTUS REUS OF THE AGGRAVATED OFFENCE?

Answer 7

• Destroy(ing) or damage(ing)
• Property
• Belonging to the defendant or another

Question 8

WHAT IS THE MENS REA OF THE AGGRAVATED OFFENCE?

Answer 8

• Intending or being reckless as to the endangering of life
• Intending or being reckless as to the endangering of life
  by the criminal damage

Question 9

WHAT IS MEANT BY DESTRUCTION OR DAMAGE?

Answer 9

Destruction suggests some kind of physical impairment or deterioration.

Damage will occur where there is an impairment of use or a permanent change in quality/value.

Hardiman v Chief Constable of Avon and Somerset [1986] confirmed that damage does not have to be irreparable.

Question 10

WHAT IS MEANT BY PROPERTY?

Answer 10

This means property of a tangible nature - anything that can be touched and includes both real property 9Land) and personal property.

This does not include wild animals and wild flowers (s10(1))

Question 11

WHAT IS MEANT BY BELONGING TO ANOTHER?

Answer 11

According to S10(2), property belongs to any person:

1. Having custody of it
2. Having any proprietary right or interest in it
3. Having charge of it

Question 12

WHAT IS MEANT BY LAWFUL EXCUSE?

Answer 12

The defendant will not be found guilty of the basic offence if they had a lawful excuse for committing the damage

Question 13

WHAT ARE THE TWO LAWFUL EXCUSE DEFENCES UNDER S5(2)?

Answer 13

1. s5(2)(a) - if the defendant believed they had, or would have had, the consent of any person they believed was entitled to give consent (Denton [1982])
2. s5(2)(b) - if the defendant believed that the property was in immediate need of protection the means of protection used were reasonable having regard to all of the circumstances.

Question 14

DO THE LAWFUL EXCUSE DEFENCES UNDER S5(2) APPLY TO THE AGGRAVATED OFFENCE?

Answer 14

NO

The defences under s5(2) are not sufficient excuses for endangering the life of another.

Question 15

WHAT IS INTENTION?

Answer 15

Intention can be defined in two ways:

1. Direct intention - where the result is the defendants aim or purpose [Moloney (1985)]
2. Indirect intention - where the result is NOT the defendants aim or purpose but is virtually
   certain to occur if the defendant succeeds in achieving their primary aim or purpose and
   the defendant foresees that the eventual result is virtually certain – ref Nedrick [1986] &
   Woollin [1998]

Question 16

WHAT IS RECKLESSNESS?

Answer 16

Where the defendant ignores a known risk or deliberately refrains from making further enquiries due to what they expect they may discover will probably be sufficient to establish recklessness [Cunningham (1957)]

G and Another [2003] confirmed that recklessness is only subjective. The House of Lords stated that a person acts recklessly with respect of:

• A circumstance when they were aware of a risk that existed or would exist; and
• A result when they were aware of a risk that it could occur.