Criminal Damage Flashcards
When was the Criminal Damage Act officially published?
1971
What section defines CD?
Define CD
Section 1 (1)
‘A person who without lawful excuse destroys or damages any property belonging to
another intending to destroy or damage any such property or being reckless as to whether
any such property would be destroyed or damaged shall be guilty of an offence.’
CD includes instances where damage is minor but property is no longer fit for purpose and cannot be repaired.
What do we need to know, understand, and provide evidence for when charging for CD?
The following elements of the offence: • Without lawful excuse • Destroys or damages • Property • Belonging to another • Intention to destroy or damage, or • Being reckless
What type of offence is CD and what are the sentences?
- Triable either way
- 6 months’ imprisonment and/or a fine summarily (if value of property damage is less than £5000 – does not apply to e.g. arson)
- 10 years’ imprisonment on indictment
When does CD become an ‘aggravated’ offence?
If the motive has racial or religious connotations
What type of offence is aggravated CD and what are the sentences?
This allows scope for greater punishment, provided for by section 30(1) Crime and Disorder Act 1998:
• Triable either way
• 14-years’ imprisonment and/or a fine on indictment
• 6-months’ imprisonment and/or a fine summarily
When can the offence be dealt with by way of fixed penalty notice?
Where the damage caused is less than £300
What section of the CDA 1971 defines property?
Section 10 (1)
Define property
(1) In this Act ‘Property’ means property of a tangible nature, whether real or personal, including money and:
(a) including wild creatures which have been tamed or are ordinarily kept in captivity and any other wild creatures or their carcasses if, but only if, they have been reduced into possession . . . or are in the course of being reduced into possession; but
(b) not including mushrooms growing wild on any land or flowers, fruit or foliage of a plant growing wild on any land.
What section defines Belonging to Another?
Define Belonging to Another
Section 10(2) states:
(2) Property shall be treated for the purposes of this Act as belonging to any person:
(a) having the custody or control of it;
(b) having in it any proprietary right or interest (not being an equitable interest arising only from an agreement to transfer or grant an interest); or
(c) having a charge on it.
If a person damages their own property, they may still commit the offence of simple criminal damage if that property also ‘belongs to’ someone else e.g. a joint house.
State and explain what section of the CDA provides for two occasions where a defendant may have a ‘Lawful excuse’
Section 5 of the Criminal Damage Act 1971
These can be remembered as ‘Permission’ (s. 5(2)(a)) and ‘protection’ (s. 5(2)(b)).
Both involve the belief of the defendant.
Explain permission
A person shall be treated as having lawful excuse under section 5(2). If it was believed that they had permission/ consent from the owner to carry out the relevant acts.
Would provide a statutory defence to any later charge of criminal damage by the owner. The key element here would be that you believed you had the consent of the owner.
Explain protection
A person shall be treated as having lawful excuse under section 5(2). Property was in immediate need of protection by reasonable means under the circumstances.
Explain belief
It is immaterial whether a ‘Belief’ was justified as long as it was honestly held (s. 5(3)). Evidence reviewed on a case by case basis
State the section of legislation and explain Aggravated Damage
Section 1(2) Criminal Damage Act 1971
(2) A person who without lawful excuse destroys or damages any property, whether
belonging to himself or another—
(a) intending to destroy or damage any property or being reckless as to whether any
property would be destroyed or damaged; and
(b) 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; shall be guilty of an offence.
What is an aggravating factor?
The intention of endangering life or recklessness as to whether life is endangered
There is only necessity to prove what for aggravated damage?
There is only necessity to prove that the damage was caused intentionally or recklessly and that there was potential for another to be harmed as a result of the damage caused.
For this offence, the property can belong to another or the offender themself
The Crime and Disorder Act 1998 created a new offence of racially aggravated criminal damage.
Define arson
State the section of legislation it is covered by
Is the destroying or damaging of property by fire
Covered under Section 1(3) Criminal Damage Act 1971
Sentencing for arson
- Where life is not endangered 6-months’ imprisonment and/or a fine summarily
- Triable either way
- If life is endangered, life imprisonment on indictment
What must there be for arson?
There must be an intent or an element of recklessness in relation to the use of fire.
Criminal liability for either gross negligence or unlawful act manslaughter may arise from an offence of arson.
What is covered by section 2 of the CDA?
Threats to destroy or damage property
What is stated under section 2?
A person who without lawful excuse makes to another a threat, intending that that other would fear it would be carried out:
(a) to destroy or damage any property belonging to that other or a third person; or
(b) to destroy or damage his own property in a way which he knows is likely to endanger the life of that other or a third person; shall be guilty of an offence.
The person who makes the threat must intend that the recipient will believe that the threat will be carried out.
Sentencing for Threats to destroy or damage property
- Triable either way
- 10 years’ imprisonment on indictment
- 6-months’ imprisonment and/or a fine summarily
What section of the CDA covers possessing articles with intent to destroy or damage property?
Section 3
What is stated under section 3?
A person who has anything in his custody or under his control intending without lawful excuse to use it or cause or permit another to use it—
(a) to destroy or damage any property belonging to some other person; or
(b) to destroy or damage his own or the user’s property in a way which he knows is likely to endanger the life of some other person; shall be guilty of an offence.
Sentencing for possessing articles with intent to destroy or damage property
- Triable either way
- 10 years’ imprisonment on indictment
- 6-months’ imprisonment and/or a fine summarily
