Criminal Damage

Question 1

Define Section 1(1) Criminal Damage Act 1971

Answer 1

Criminal Damage

A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damage shall be guilty of an offence.

Question 2

List the defences for Criminal Damage

Answer 2

Consent
Protection

Question 3

What is the difference between ‘destroy’ and ‘damage’

Answer 3

Destroyed - Unusable or be incapable of repair and must be replaced

Damage - It can be harmed, made less useful, made less valuable, made unworkable - The damage does not have to be permanent and can include graffiti

Question 4

Define Reckless

Answer 4

A person acts recklessly if they aware of the risk that exist but continues with the action

Question 5

Define Section 1 (2) Criminal Damage Act 1971

Answer 5

Damage Endangering Another’s Life

A person who without lawful excuse, destroys or damages any property, whether belonging to himself or another
a) Intending to destroy or damage any property or being reckless as to whether any property would be destroyed or damaged AND
b) Intending by the destruction or damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered

Question 6

Define Section 1 (3) Criminal Damage Act 1971

Answer 6

Arson

If the damage or destruction is caused by fire, then the offence of Arson should be charged.

Question 7

Define Section 2 Criminal Damage Act 1971

Answer 7

Threats to Destroy or Damage Property

A person without lawful excuse makes to another a threat, intending that the other would fear it would be carried out, to destroy or damage any property belonging to that other or a third person or to destroy or damage their own property in a way which they know is likely to endanger the life of that other or a third person

Question 8

Define Section 3 Criminal Damage Act 1971

Answer 8

Possessing anything with intent to destroy or damage property or endanger life

An offence is committed by a person who has an article in their custody or under their control, intending without lawful excuse, to use it or cause or permit another to use it to destroy/or damage any property belonging to some other person OR to destroy/or damage their own or the user’s property in a way which they know is likely to endanger the life of some other person