Criminal Damage

Question 1

What is the AR for simple criminal damage?

Answer 1

Destruction or damage

Of property (animals included if tamed)

Belonging to another

Without lawful excuse

Question 2

What is the MR for simple criminal damage?

Answer 2

Intention or recklessness as to the destruction or damage of property belonging to another (subjective) AND

Knowledge or belief that the property belongs to another (subjective)

Question 3

What are the 2 non-exhaustive situations set out in the CDA for lawful excuse?

Answer 3

1. Belief in consent
2. Immediate need of protection (must be reasonable)

Question 4

What is the 2 stage process for assessing need of protection as a lawful excuse?

Answer 4

1. Court must be satisfied that accused honestly believe their action was protecting, or was capable of protecting, property (subjective)
2. Court must then rule as a matter of law whether this amounts to a purpose of protecting property (objective)

Question 5

Is it required that the person entitled to consent for lawful excuse was honest?

Answer 5

No, just reasonable belief that the owner of the property had consented or would have consented to the damage had they known of the circumstances

R v Denton, fire set by employee for insurance claim in the belief that the employer consented; lawful excuse defence was applicable

Question 6

What constitutes arson?

Answer 6

Criminal damage committed using fire

Question 7

Is lawful excuse defence available for arson?

Answer 7

Yes

Question 8

What constitutes aggravated criminal damage?

Answer 8

Offence of destroying or damaging property with intent to endanger life

Question 9

What are the key differences in the AR between simple and aggravated criminal damage?

Answer 9

1. In aggravated, property that is damaged or destroyed may belong to either defendant or to another
2. Statutory defence of lawful excuse does not apply (despite being in the statute)

Question 10

What are the key differences in the MR between simple and aggravated criminal damage?

Answer 10

Defendant must also intend by the destruction or damage to endanger the life of another or is reckless as to whether the life of another would be thereby endangered

Question 11

What rule has been established from R v Dudley and R v Steer regarding the endangerment of life?

Answer 11

Must be shown that the endangerment of life arose from the damage (and not the act that caused the damage) – i.e. must arise from the broken glass not from the firing of the gun that broke the glass; in context of arson, must arise from falling ceilings rather that the smoke and fire itself

Question 12

What constitutes aggravated arson?

Answer 12

Add fire to aggravated criminal damage