Criminal damage

Question 1

Criminal damage

Answer 1

S1(1) Criminal Damage Act 1971

Question 2

Criminal damage level of offence

Answer 2

Either way

Question 3

Criminal damage definition

Answer 3

A person who without lawful excuse destroys or damages property belonging to another intending to destroy or damage such property or being reckless as to whether any such property would be destroyed or damaged

Question 4

Mens rea of criminal damage

Answer 4

Basic intent so intention or recklessness (subjective: Cunningham)

Question 5

Lawful excuse

Answer 5

s5(2) Criminal Damage Act 1971
1 - permission
D believed they had consent
D owns the property (except if jointly owned) or believed they had consent of the owner
D believed they would have consented if they had known the circumstances
2 - protection
D believed the property, right or interest was in immediate need of protection and what he did was reasonable in the circumstances

Question 6

Destroy/damage

Answer 6

Destroy - incapable of being repaired
Damage - property suffered some physical harm, impairment or deterioration
Damage does not have to be permanent
Can still be damage even if can easily be washed off - still cost and inconvenience

Question 7

Property

Answer 7

Must have a tangible nature
Includes land
Includes animals kept in captivity or reduced into possession
Includes cultivated flowers, fruit etc. but not wild

Question 8

Belonging to another

Answer 8

Property belongs to the person who has -
Custody or control
Any proprietary right or interest
A charge on it
Pretty much the same as theft but here someone can criminal damage their own property if that property also belongs to someone else

Question 9

Aggravated damage

Answer 9

S1(2) Criminal Damage Act 1971

Question 10

Aggravated damage level of offence

Answer 10

Indictable

Question 11

Aggravated damage definition

Answer 11

Criminal damage definition
And
Intending by the destruction or the damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered

Question 12

Property

Answer 12

Here it includes your own property

Question 13

Do lawful excuses apply to aggravated damage?

Answer 13

No

Question 14

Endanger life

Answer 14

It must be the damage that endangered life, not the missile that caused the damage
It is the damage D intended that is relevant, not the actual damage that was caused

Question 15

Mens rea of aggravated criminal damage

Answer 15

Intention or recklessness as to the damage caused and the risk of endangering life of another

Question 16

Arson

Answer 16

S1(3) Criminal Damage Act 1971

Question 17

Arson level of offence

Answer 17

Either way

Question 18

Arson definition

Answer 18

Destroying or damaging property by fire

Question 19

Threats to destroy or damage property

Answer 19

S2 Criminal Damage Act 1971

Question 20

Threats to destroy or damage property level of offence

Answer 20

Either way

Question 21

Threats to destroy or damage property definition

Answer 21

D without lawful excuse makes a threat to another, intended them to believe it would be carried out, to destroy or damage another’s property or his own property in a way he knows is likely to endanger life.
D must intend the person receiving the threats to fear it will be carried out

Question 22

Having articles with intent to destroy or damage property

Answer 22

S3 Criminal Damage Act 1971

Question 23

Having articles with intent to destroy or damage property level of offence

Answer 23

Either way

Question 24

Having articles with intent to destroy or damage property definition

Answer 24

D has anything in his custody or under his control intending, without lawful excuse, to use it or cause or permit another to use it to destroy or damage property belonging to another or his own property in a way he knows is likely to endanger life.
Could include graffiti artists carrying aerosols.
Intention only - conditional intent is enough
Custody or control - wider than possession - having it at home is enough

Question 25

Contamination or interference with goods

Answer 25

S38 Public Order Act 1986

Question 26

Contamination or interference with goods level of offence

Answer 26

Either way

Question 27

Contamination or interference with goods offences

Answer 27

Creates 2 offences –
S38(1) Contamination of, interference with or placing of goods with the intention of:
a. Causing public alarm or anxiety
b. Causing injury to members of the public consuming the goods
c. Causing economic loss to any person by reason of the goods being shunned by members of the public
d. Causing economic loss to any person by reason of steps taken to avoid any such alarm, anxiety, injury to loss
E.g. contaminating food by inserting pins, needles and nails into various items and some minor injuries were caused to customers (R v Cruikshank)

S38(2) Making of threats to or claiming to have contaminated or interfered with goods with the intention of:

a. Causing public alarm or anxiety
c. Causing economic loss to any person by reason of the goods being shunned by members of the public
d. Causing economic loss to any person by reason of steps taken to avoid any such alarm, anxiety, injury to loss