Criminal damage

Question 1

Different types

Answer 1

1) Simple criminal damage
2) Aggravated criminal damage
3) Simple arson
4) Aggravated arson
The elements to be proved for simple and aggravated arson are the same as for simple and aggravated criminal damage but arson will be charged where the damage is caused by fire

Question 2

Simple criminal damage - definition

Answer 2

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 3

Simple Criminal Damage - Actus reus - Requirements

Answer 3

3 requirements:
1) Damage/destruction
2) Of property
3) Belonging to another

Question 4

Simple Criminal Damage - Actus reus - Damage/destruction

Answer 4

There does not have to be extensive damage. If expense is involved in restoring the property to its previous condition the court is likely to find that damage is established.

Question 5

Simple Criminal Damage - Actus reus - Property

Answer 5

Definition is wide and covers property of a tangible nature, whether real or personal, including money. This includes certain animals e.g pets and certain plants. However it does not include mushrooms or flowers, fruit or foliage of a plant growing wild on any land

Question 6

Simple Criminal Damage - Actus reus - Belonging to another

Answer 6

If someone:
1) Has the custody or control over it
2) They have a proprietary right or interest
3) They have a charge on it
If you rent your house then it will belong to another (landlord) if you co-own the house it belongs to another, if your house is mortgaged it belongs to another

Question 7

Simple Criminal Damage - Mens rea - Requirements

Answer 7

The defendant must:
1) Intend to damage/destroy property or be reckless as to such damage/destruction
2) Know that the property belongs to another or be reckless as to whether the property belongs to another

Question 8

Simple Criminal Damage - Mens rea - His own property?

Answer 8

If a person honestly believed property was his own then he lacked the mens rea. It did not matter whether the belief was reasonably held as long as it was an honest belief

Question 9

Simple Criminal Damage - Mens rea - Lawful excuse (defence)

Answer 9

S. 76 defence of reasonable force in self-defence and to prevent the commission of a crime
S. 5(2)(a) - honest belief that the owner would consent
S. 5(2)(b) - honest belief that the property was in immediate need of protection and the means they used were reasonable.
This belief does not have to be reasonable so long as it s an honestly held belief

Question 10

Aggravated Criminal Damage - Definition

Answer 10

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

Question 11

Aggravated Criminal damage - Actus reus

Answer 11

To destroy or damage property. This can belong to another person or to the defendant himself.

Question 12

Aggravated Criminal Damage - Mens rea - Requirements

Answer 12

1) Intending to destroy or damage any property or being reckless as to whether any property is damages or destroyed (Same as for simple offence)
2) Intending by the destruction or damage to endanger the life of another or being reckless as to whether another’s life might be endangered

Question 13

Aggravated Criminal Damage - Mens rea - Endangerment of life

Answer 13

If the defendant intended to endanger life or was reckless as to life being endangered he can be found guilty of the aggravated offence notwithstanding the fact that no-one’s life was actually put in danger. Must be proved that the defendant ‘by the damage or destruction’ intended to endanger life or was reckless to that possibility.

Question 14

Aggravated Criminal Damage - Without lawful excuse

Answer 14

Does not have the same meaning. Even if the defendant has the owner’s consent to damage property if the defendant does so either intending by the damage or destruction to endanger life or is reckless as to endangering life he was still be guilty.

Question 15

Honestly believing the property is your own

Answer 15

To commit criminal damage the client must know or believe the property belongs to another. If they honestly believe it is theirs then they won’t be liable