criminal damage Flashcards
what type of offence is criminal damage?
either way
what is criminal damage by fire called?
arson- triable either way
what are the 3 types of criminal damage?
simple CD, aggravated CD, simple arson, aggravated arson
what is the AR of simple criminal damage?
dmaage/destruction of property belonging to another
expand on destroy or damage
includes physical harm, and impairment of value/usefulness of property e.g. removing a aprt of a machine, damage doesnt have to extensive and is determiend in a common sense way Roe v Knigerlee
what is property?
must be tnagible, includes real property and personal property including money, animals included if tame e.g. pet/zoo or if being reduced into possession , flowers in a garden can but wild mushrooms, foliage etc cannot
expand on belonging to another
cannot be committed agianst one’s own property, perosn must: have custody or control of it, having in it any propeitary interest or right or have a charge on it
what is the mens rea for simple criminal damage?
intend to damage/destroy property or to be reckless as to such damage or destruction and know that the property belongs to another or be reckless as to whether the property belongs to another
is the test for recklessness subjective or objective?
R v G- subjective- Ds state of mind- they must foresee the risk of damaging it
what if the person honestly believes the property is their own?
they cannot be convicted as they lack mens rea
what are the situations in which a D has a lawful excuse as a defence to simple criminal damage?
SUBJECTIVE TEST- belief in consent of the a person who was entitled to give permission for the damage to be caused, belief of consent from person they thought was entitled to give permission, belief they would have had permission, belief they would have had the consent of the person who they thought was entitled to give permission
what about intoxication?
can be a lawful excuse as only requirement is that the belief was honestly held
is the need for protection a lawful excuse?
if they believed their property or another’s was in immediate need of protection and they believed that the means of protection they adopted were reasonable having regard to all the circumstances
what is the two. stage test to determine whether it was Ds real purpose to protect their property?
court must be satisfied that the accused honestly believed their action was protecting or capable of protecting property (subjective)i.e. no ulterior motive R v Hunt, then court rules as a matter of law whether this amount to a purpose of protecting the property (objective) R v Hill
how is the immediacy of the need of protection tested?
subjectively- Johnson v DPP there must be evidence of need of immediate protection i.e. must be immediate threat
