Criminal Damage

Question 1

What is the AR of simple criminal damage?

Answer 1

D must destroy or damage property belonging to another without lawful excuse.

Question 2

What is the MR of basic criminal damage?

Answer 2

-intention to destroy or damage such property; or
-recklessness in relation to destroying/damaging such property.

Question 3

What are the two lawful excuse defences?

Answer 3

1. D honestly believed he had the consent of the person who owned the property.
2. D acted as he did to protect their property or property of another.

Question 4

What is the AR of aggravated criminal damage?

Answer 4

-D destroys or damages property.
-the property does NOT have to belong to another - it can belong to D.
-no lawful excuse defences

Question 5

What is the MR of aggravated criminal damage?

Answer 5

-intention or recklessness as to the damage/destruction of property; and
-intention or recklessness that as a result of damaging/destroying property, life will be endangered.

Question 6

What are the elements of arson?

Answer 6

AR: damage/destroy the property by fire - property of another (if simple arson), personal property (if aggravated arson)

MR: intention/recklessness at to damage or property by fire (aggravated arson: intention/recklessness as to endangering life as a result of fire destroying property)

Question 7

What is the test for recklessness for basic criminal damage? D has MR for basic criminal damage if they intend/are reckless as to the destruction/damage of property belonging to another.

Answer 7

1. D is reckless with respect to a result when aware of a risk that it will occur (subjective)
2. It is in the circumstances known to him, unreasonable to take that risk (objective).

Question 8

Do the lawful excuse defences apply to aggravated criminal damage?

Answer 8

No, the lawful excuse defences do not apply to aggravated criminal damage/aggravated arson.