Criminal Damage

Question 1

What are the 4 offences for criminal damage?

Answer 1

1. Simple criminal damage
2. Aggravated criminal damage
3. Simple arson
4. Aggravated arson

Question 2

What is a simple criminal damage defined as?

Answer 2

A person who intentionally or recklessly, destroys or damages property belonging to another without lawful excuse

Question 3

What are the 4 elements of Actus Reus for simple criminal damage?

Answer 3

1. Damage or destroy
2. Property
3. Belonging to another
4. Without lawful excuse

Question 4

What are the principles of ‘damage or destroy’?

Answer 4

-Temporary or permanent
- Physical harm
-Impairment of value or usefulness
-Expense incurred from damage

Question 5

What can and cannot be criminally damaged?

Answer 5

Can be damaged:
-Property including tangible items
-Animals that are tamed or in captivity (or being reduced into possession)

Cannot be damaged:
-Wild mushrooms, fruit, flowers, foliage and plants

Question 6

The property will be regarded as belonging to any person who has…

Answer 6

• Control or Custody
• Proprietary right or interest
• A charge

Question 7

What is the Men’s Rea for criminal damage?

Answer 7

-Intention or reckless as to the destruction or damage of property belonging to another
AND
-Knowledge or belief that the property belong to another

Question 8

Could the D have lawful excuse to damage criminal damage, if so how?

Answer 8

Yes, these are:

D honestly believed the owner consented or would have consented (subjective)

OR

D may argue that they believed the property was in immediate need of protection and the actions taken were reasonable given the situation (subjective)

Question 9

Can D be guilty even if the belief arose from a drunken mistake?

Answer 9

Yes, but if the if D holds the belief that the owner would have consented then no

Question 10

How can D succeed in establishing that the property needed protection?

Answer 10

The Court must be satisfied that the accused honesty believed their action was protecting or was capable of protecting property - subjective

AND

Having determined what Ds purpose was, the court will rule out whether it amounts to a purpose at protecting property - objective

Question 11

What is Aggravated Criminal Damage?

Answer 11

A person who intentionally or recklessly, destroys or damages property with intention or recklessness to endangering the life of another

Question 12

What is the difference between Simple Criminal Damage and Aggravated Criminal Damage?

Answer 12

• Property that is destroyed or damaged may belong to D or to another for Aggravated. Whereas, the property must belong to another for Simple
• Lawful excuses does not apply for Aggravated. But does for Simple

Question 13

What is required for endangerment of life?

Answer 13

-No life need to be actually endangered

-The danger to life MUST come from the damage to the property

Question 14

What is Arson?

Answer 14

A person who destroys or damages property belonging to another with the intention or recklessness and without lawful excuse by fire.

Question 15

When & where is it common for fires to be started due to nature?

Answer 15

During the summer on open ground and heathland

Question 15

What is Aggravated Arson?

Answer 15

A person who destroys or damages property belonging to self or another with the intention or recklessness by fire

Question 16

What do all Aggravated offences have?

Answer 16

The D damages or destroys their property or another and D has no defence