Criminal damage

Question 1

What is basic criminal damage?

Answer 1

Destroys or damages, property belonging to another intending to destroy or damage or being reckless as to whether any such property would be destroyed.

IF BELOW 5000
Summary ONLY

IF MORE THAN 5000 - EITHER WAY

Question 2

Actus reus of basic criminal damage?

Answer 2

Destroy or damage - question of facts
Property - includes wild creatures, not information
Belonging to another -
Without lawful excuse

Question 3

Mens rea of basic criminal damage?

Answer 3

Intention - subjective test from defendants point of view
OR
Reckless as to the damage - 2 stage test
R v G
at the time - D was subjectively aware of risk - crossed their mind
in circumstances - it was objectively unreasonable for d to take that risk

Question 4

Lawful excuse for basic criminal damage exceptions?

Answer 4

1. If D operated with belief that owner would have consented - just honestly held belief - SUBJECTIVE TEST
2. If D acted to protect their or another’s property - 4 factors
   - Act to protect property
   - MUST believe in immediate need of protection - subjective test
   -Means of protection are reasonable - subjective
   -Damage caused must be OBJECTIVELY capable of protecting the property

Question 5

What is Aggravated criminal damage?

Answer 5

A person without lawful excuse destroys or damages property belonging to himself or another, and intending or being reckless as to do so, and life would be endangered.

INDICTABLE ONLY
LIFE IMPRISONMENT

Question 6

Difference in mens rea for aggravated criminal damage?

Answer 6

Both need to be satisfied
Intention to recklessness as to destruction or damage of property
Intention or recklessness as to the endangerment of life by the damage or destruction.
- Whether life might have been endangered