Criminal Damage Flashcards
For simple criminal damage, what constitutes “damage”?
The element of costs to rectify/replace the property. So, spitting on someone’s jacket wouldn’t qualify as this could be wiped away to restore the jacket.
For simple criminal damage, what is “property”?
Tangible items, including animals tamed or kept in captivity.
Wild mushrooms, fruit, flowers, foliage, or plants are not.
Simple criminal damage - MR
Intention/recklessness to destroy or damage property belonging to another
+
Knowledge or belief that the property belongs to another
Simple criminal damage - lawful excuse
Honest belief in the owner’s consent - subjective
Protection of property
- Was D’s purpose to protect property - objective
- If yes, did D honestly believe that the property needed immediate protection and that the means adopted were reasonable (subjective)?
Arson
AR + MR of simple criminal damage + by fire
Aggravated criminal damage - AR + MR
AR - Destroy or damage property belonging to SELF or another; lawful excuses don’t apply
MR - Intention/recklessness to destroy or damage property; intention/recklessness to endanger life
Aggravated arson - AR + MR
AR - Destroy or damage property belonging to SELF or another by fire; lawful excuses don’t apply
MR - Intention/recklessness to destroy or damage property; intention/recklessness to endanger life