Criminal damage

Question 1

Criminal damage offences

Answer 1

• simple criminal damage (s 1(1))
• aggravated criminal damage (s 1(2))
• simple arson (s 1(3) and s 1(1))
• aggravated arson (s 1(3) and s 1(2)

Question 2

Simple criminal damage - AR

Answer 2

Defendant must:

(a) destroy or damage
If expense incurred in rectifying this is enough

(b) property
Only tangible property. Animals are included if pets/zoo animals or reduced into possession e.g. snared rabbit.

(c) belonging to another
Victim has:
- custody or control;
- a proprietary right or interest; or
- a charge

(d) without lawful excuse
s 5(2)(a) – Honest belief in the owner’s consent – subjective
s 5(2)(b) – Protection of property
* Was D’s (real) purpose the protection of property? – objective
* If yes, did D honestly believe:
– the property was in immediate need of protection; and
– the means adopted were reasonable? – subjective

Question 3

Simple criminal damage - MR

Answer 3

Intention or recklessness as to the destruction or damage of property belonging
to another

AND

Knowledge or belief that the property belongs to another

Question 3

Arson

Answer 3

When method used in criminal damage is fire.

Question 4

Aggravated criminal damage

Answer 4

CAPS ARE DIFFERENCES FROM CRIMINAL DAMAGE

AR:
* Destroy or damage
* Property
* Belonging to SELF or another
LAWFUL EXCUSES DO NOT APPLY

MR:
* Intention or recklessness as to the destruction or damage of property
* INTENTION OR RECKLESSNESS AS TO THE ENDANGERMENT OF LIFE

Question 4

Aggravated arson

Answer 4

Adding fire to aggravated criminal damage.