Criminal Damage

Question 1

Criminal Damage Definition:

Answer 1

A person who WITHOUT LAWFUL EXCUSE DESTORYS OR DAMAGES and PROPERTY BELONGING TO ANOTHER INTENDING to destroy or damage any such property or being RECKLESS as to whether such property would e DESTROYED or DAMAGED shall be guilty of an offence

(S.1(1) Criminal Damage act 1971

Question 2

Lawful Excuse:

Answer 2

1. Permission - D believed consent had been given
2. Permission - D would have been given permission if they had known the circumstances
3. Protection for property, life or prevention of injury

Question 3

Destroy or Damage:

Answer 3

Destroying:
- rendered useless
- Incapable of being repaired
- Needs replacing

Damage
- Does not have to be permanent
- Suffered some physical harm
- Impaired
- Deteriorated

Question 4

Property:

Answer 4

Things of a tangible nature whether real or personal property (including money)

Including Land and things forming part of land

Wild creatures tamed or ordinarily kept in captivity

Does NOT include fungus, foliage, flowers and fruit - if growing wild

Question 5

Belonging to another:

Answer 5

Having the custody of it
Having control of it
Having in it any proprietary right or interest
Having charge of it

Question 6

Intending:

Answer 6

Deliberate or Intentional damage to property

“Transferred malice” - eg another’s property

Question 7

Reckless:

Answer 7

Where that person is aware of a risk but

1. Disregards the risk in those circumstances; or
2. Disregards the possible result

and it is unreasonable to take the risk

Question 8

Racially or Religiously Aggravated Criminal Damage:

Answer 8

s.30 Crime and Disorder Act 1998

-when motivated by racial hostility, no need to identify a victim

Question 9

Aggravated Criminal Damage (Life Endangered)

Answer 9

s.1(2):
- 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 property would be D or D AND
- intending by the destruction or damage to endanger the life of another or being reckless as to whether life of another would thereby be endangered

(LAWFUL EXCUSE DEFENCE DOES NOT APPLY)

Question 10

Arson:

Answer 10

s.1(3) An offence committed under this section by destroying or damaging property by FIRE shall be charged as arson

Question 11

Other Criminal Damage offences:

Answer 11

s.2 threats to destroy and damage property
s.3 Possess anything with intent to damage or destroy property