***Criminal Damage*** Flashcards
Define Section 1(1) Criminal Damage Act 1971
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
Talking about ‘lawful excuse’. The two types of lawful excuse are…
1) Consent
Defence AT THE TIME of the offence, the person had an honest held belief that they were allowed to cause the damage (a person entitled to give consent had done so)
OR
The person causing the damage had an honest held belief that the owner would have consented to the damage if they knew of the circumstances
2) Protection
The property was in immediate need of protection and the means used were reasonable in the circumstances (Example, breaking down a door to stop running water. If not stopped, it could destroy the property)
What is meant by ‘destroyed’?
Not specifically defined but implies something is rendered useless and would need to be replaced. Examples could be breaking up a machine, burning down a building or shredding a document
What is meant by ‘damage’?
Wider meaning than destroy but includes where property has been harmed, made less useful, made less valuable, made less workable or just defaced.
Note: The damage does NOT have to be permanent!
In relation to damage, what is the piece of case law that looks at when a prisoner flooded a cell by shoving towels down the toilet + repeatedly flushing?
R v Fiak 2005
What are the two steps of being reckless?
1) The defendant is subjectively aware of the risk, they
foresee the risk, of the consequence either destruction
or damage being caused. I.e. they have internally
registered the risk.2
2) They carry on with the act regardless of knowing the risk
The basic definition of criminal damage explicitly states property ‘belonging to another’. In what cases can you technically damage your own property?
1) If it’s jointly owned by someone else
2) Another party has custody or control of the property
3) Another party is IN control of the property
Define Section 1(2) Criminal Damage Act 1971 (Damage endangering another’s life)
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
Define Section 2 Criminal Damage Act 1971 (Threats to destroy or damage property)
A person without LAWFUL EXCUSE makes to another a THREAT, INTENDING that the other would fear it would be carried out
to DESTROY OR DAMAGE any property belonging to that other or a third person OR
to destroy or damage their OWN PROPERTY in a way which they know is likely to ENDANGER THE LIFE of that other or a third person
Define Section 3 Criminal Damage Act 1971 (Possessing anything with intent to destroy or damage property or endanger life)
An offence is committed by a person who has an article in their custody or under their control, intending without lawful excuse, to use it or cause or permit another to use it
to destroy/or damage any property belonging to some
other person OR
to destroy/or damage their own or the user’s property in a way which they know is likely to endanger the life of some other person
Define Section 1(3) Criminal Damage Act 1971 (Criminal damage caused by fire)
An offence committed under this section by destroying or damaging property by fire shall be charged as arson
