Criminal Damage

Question 1

What are the 3 Offences under Criminal Damage Act 1971?

Answer 1

s1(1) Basic Offence- intentionally or recklessly destroying or damaging any property belonging to another

s1(2) Aggravated Offence- intentionally or recklessly destroying or damaging any property, whether beloning to the D or another, intending on endangering the life of another, or being reckless to it

s1(3) Arson (as above but with fire)

Question 2

Mens Rea of the Basic s1(1) Offence

Answer 2

Intentionally or recklessly

D escapes liaiblity if he genuinely thinks property is his to damage. As

Question 3

Mens Rea of Aggravated (s1(2)) Offence

As per s1(1) offence, but also…

Answer 3

As per s1(1) offence but also intentionally or recklessly endanger life of another

The intention or recklessness to damage and life must be *via the crimna

Question 4

Lawful Excuses for Criminal Damage

There’s 1 general defence and 2 specific ones

Answer 4

1. Not guilty if “lawful excuse” (general defence)
2. D believes they had consent of person they thought was capable of giving it
3. D belived the property was in immediate need of protection and the means used was reasonable in the circs’

Lawful Excuse cannot apply in s2- no excuse to endanger life.

Question 5

Sentencing for Criminal Damage Act 1971

Answer 5

Triable either-way
Max 10yrs imprisonment
Damage 5k or less, summary-only