Criminal Damage

Question 2

Types of criminal damage

Answer 2

1. simple criminal damage
2. aggravated criminal damage
3. simple arson
4. aggravated arson

Question 3

Simple criminal damage

Answer 3

Actus reus: D destroy or damage property belonging to another without lawful excuse

Mens rea:
- Intention or recklessness (whether D foresaw the risk) as to destruction or damage of property belong in to another +
- knowledge or belief that the property belongs to another

Question 4

Destroy or damage

Answer 4

Includes :
- Physical harm
- whether permanent or temporary
- impairment of value or usefulness of property.
Damage : usually of expense is incurred in rectifying the consequence of D’s act, this will be sufficient (e.g. drawing on a pavement using soluble chalks, authority has to ay clean up costs)

Question 5

Property

Answer 5

include :
- tangible
- land and buildings
- personal property
- animals - tamed or in captivity
- plants - growing in garden (not wild)

NOT include : things in action (e.g. bank account)

Question 6

Belonging to another

Answer 6

if V has:
- custody or control
- proprietary right or interest
- a charge

Question 7

Lawful excuses

Answer 7

2 (non-exhaustive) excuses as defence for simple criminal damage or arson (not applicable to aggravated criminal damage):

1. honest belief in owners’ consent: subjective
2. Need of protection:
   - was D real purpose the protection of property ? subjective + objective test
   - Did D believe that property was in immediate need of protection and that means adopted were reasonable having regard to all circumstances? - Subjective test

Question 8

Arson

Answer 8

Actus reus: destroy or damage property belonging to another without lawful excuse by Fire
Mens rea:
- Intention or recklessness (whether D foresaw the risk) as to destruction or damage of property belong in to another +
- knowledge or belief that the property belongs to another

Question 9

Aggravated criminal damage

Answer 9

**Actus reus: **
- destroy or damage property
- belonging to self or another
- Lawful excuses not apply

Mens rea:
- intention or recklessness as to destruction or damage of propertt
- intention or recklessnes as to endangerment of life

Question 10

Aggravated arson

Answer 10

aggravated criminal damage + fire