Criminal Damage

Question 1

Criminal Damage Act 1971 s1(1)

Answer 1

Simple Criminal Damage

Question 2

Simple Criminal Damage AR

Answer 2

1) Destruction or damage – Anything which incurs cost to rectify (Hardman)
2) of property
3) belonging to another – Defined in s10(2)

Question 3

Simple Criminal Damage MR

Answer 3

1) Defendant intends or is reckless as to destruction or damage
2) Defendant knows or is reckless as to whether the property belongs to another – Defendant lacks mens rea if they have an honest (not necessarily reasonable) belief that property belongs to him (R v Smith)

Question 4

Criminal Damage Act 1971 s5(2)(a)

Answer 4

Lawful Excuse defence to simple criminal damage:

1) Defendant believes he has the consent of the person who is, or he believes is, entitled to give permission for the damage, or
2) Defendant believes that the person who is, or he believes is, entitled to give permission for the damage would consent to the damage if they were aware of the circumstances and the damage

Question 5

Criminal Damage Act 1971 s5(2)(b)

Answer 5

Lawful Excuse defence to simple criminal damage:

1) Defendant believed property (his own or another’s) was in immediate need of protection; and
2) He believed the means of protection adopted was reasonable in the circumstances

Question 6

Jaggard v Dickinson

Answer 6

CDA 1971 s5(2)(a) can be relied on in cases where defendant has an honest but mistaken belief that they have the consent of the owner, even where the mistake extends from voluntary intoxication

Question 7

R v Denton

Answer 7

CDA 1971 s5(2)(a) can be relied on even where the intent of the damage was fraudulent

Question 8

R v Hunt

Answer 8

CDA 1971 s5(2)(b) can only be relied on in cases where the means of protection adopted is capable of protecting the property

Question 9

R v Hill and Hall

Answer 9

CDA 1971 s5(2)(b) can only be relied on in cases where the property is in immediate need of protection

Question 10

Criminal Damage Act 1971 s1(2)

Answer 10

Aggravated Criminal Damage

Question 11

Aggravated Criminal Damage AR

Answer 11

AR:

1) Destruction or Damage (Hardman definition)
2) Of any property, whether belonging to another or to the defendant

Question 12

Aggravated Criminal Damage MR

Answer 12

1) Intention or recklessness to the destruction or damage
2) Intention or recklessness to the endangerment of life by the destruction or damage – This must be foreseen as a result of the damage not of the act itself (R v Steer)

Question 13

R v Steer

Answer 13

For aggravated CD, endangerment of life must be foreseen as a result of the damage not of the act itself

Question 14

R v Dudley

Answer 14

Whether or not any life is actually endangered is not relevant to a charge of aggravated criminal damage

Question 15

Criminal Damage Act 1971 s1(3)

Answer 15

Where fire is involved, criminal damage offences are charged as simple arson (ss1(1) and 1(3)) or aggravated arson (ss1(2) and 1(3))