Criminal Damage Flashcards
Where is the offence of simple criminal damage found?
s.1(1) Criminal Damage Act 1971
What is the max sentence for a simple criminal damage offence?
10 years
What is the AR of s.1(1) CDA?
destroy or damage property belonging to another without lawful excuse
What is the MR of simple criminal damage?
intention or recklessness
damage need not be permanent- walked over grass trampling it down
Gayford [1898]
damage must be more than nominal. Clue: spat on police officer’s raincoat
A v R [1978]
damage is a matter of fact and degree- smeared mud graffiti on wall of police cell
Roe v Kingerlee [1986]- damage cost £7 to repair- court still convicted D
removing a clamp from your car when parked illegally
Mitchell [2003]
flooded prison cells by sticking a blanket in the toilet and flushing it
Fiak [2005]- impairment of value or usefulness constitutes CD
Difference between CDA and TA definitions of property
Theft Act- includes both tangible and intangible, even includes wild mushrooms
CDA- excl. intangible; applies to land, excl. wild plants and flowers
honest belief of consent to destroy need not be justified- s.5(2)(a)
Denton [1982]- set fire to workplace; Jaggard v Dickinson [1981]- broke a window, whilst being voluntarily intoxicated
what is the statutory defence under s.5(2)(b)?
D acted to protect property in the honest belief that it was in immediate need of protection
unsuccessful defence of s.5(2)(b)?- too remote;no evidence to justify D’s belief of immediate danger
Hunt [1978]- set fire to a guest room;
Hill; Hall [1989]- possession of a hacksaw blade to cut a fence of a US military base
an honest belief in god is not sufficient to act as a defence- case law
Blake v DPP [1992]
D acted to gain publicity on his views- knocked off Thatcher’s statute’s head
Kelleher [2003]- no lawful defence
subjective test for recklessness mens rea
R v G and another [2003]
max imprisonment for aggravated criminal damage- s.1(2)
life imprisonment; the offence requires endangering another person’s life
MR of Aggravated criminal damage
- intention to destroy or damage property/recklessness as to whether property is damaged
-intention to endanger life or recklessness as to whether life is endangered
contrast Thakar [2010] v Brewis [2004] on the concept of endangering life
Thakar- suicide in a secluded area; not guilty
Brewis- set his house on fire, recklessness to neighbours’ lives
What is the offence is s.1(3) CDA?
Arson- simple or aggravated criminal damage completed by fire
threatening to destroy or damage property- objective test
Cakmak [2002]
is conditional intention sufficient for the offence under s.3- possession of articles?
yes- Buckingham [1976]
