Criminal Damage

Question 1

What is “Criminal Damage” (1971 1(1))

Answer 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

Question 2

What is a “Lawful Excuse” for criminal damage?

Answer 2

A person is deemed to have a lawful excuse when at the time of the damage he believes he has consent to damage the property, including where he believes he owns the property

OR

He believed he would have the consent to damage the property if the circumstances were known by the person entitled to give consent.

Question 3

What does the term “Destroyed” mean?

Answer 3

Where the item in question is beyond repair

Question 4

What does the term “Damaged mean”?

Answer 4

Damaged can mean, harmed, less useful, made less valuable or defaced. It does not have to be permanent.

Question 5

In relation to property? What does “Real” Mean?

Answer 5

Real-Estate/Land

Question 6

What does “belonging to another mean” in relation to criminal damage?

Answer 6

Something which the person has custody/control of OR having proprietary right OR having charge of it

Question 7

What does “Reckless” mean in relation to the Criminal Damage act?

Answer 7

Where the person is aware of risk that exists or will exist OR where they know risk will occur and it is unreasonable for them to take the risk.