Criminal Damage Flashcards
Criminal Damage - S.1(1) Criminal Damage Act 1971
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 damaged shall be guilty of an offence.
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 damaged shall be guilty of an offence.
Criminal Damage - S.1(1) Criminal Damage Act 1971
Do you need intent to commit criminal damage?
No - damage or destruction of property due to being reckless is also criminal damage
“Without lawful excuse” - S.5 Criminal Damage Act 1971
Permission:
He believed that the person who was entitled to give consent to the destruction or damage had consented OR they would have consented if they had known of the destruction or damage and the circumstances
Protection:
He destroyed or damaged property or threatened to do so in order to protect it AND he believed it was in immediate need of protection and it was reasonable in the circumstances
(Needs an Honest Held Belief, regardless if it’s justifiable (S.5(3)))
Define Destroys or Damages - Criminal Damage Act 1971
Technically undefined
Destroys: Beyond repair or Full replacement cost
Damage: Can be temporary and non-permanent damage that can be cleaned off.
Define Property - S.10 Criminal Damage Act 1971
Must be tangible, e.g.
Money
Tamed or captive wild creatures (reduced into possession)
Land can be damaged
Does not include 4 items growing wild (Flowers, Foliage, Fungi & Fruit)
Define Belonging to Another - S.10 Criminal Damage Act 1971
Property “belongs” to a person who has custody, control or proprietary interest/charge in it
Intentional vs Reckless - Criminal Damage Act 1971
Intentional:
- Deliberate act
- The offender meant to do it
- Mens Rea
Recklessness:
- Taking an unjustifiable risk
- The defendant must realise the risk but take it anyway (subjective recklessness)
- Case Law - R v G & R [2003]
Sentence of Criminal Damage
-Either-way offence
-Summary - Max 6-month imprisonment and/or fine (damage less than £5000)
-Indictable - Max 10 years imprisonment
Racially or Religiously Aggravated - S.28 Crime and Disorder Act 1998
1) At the time or immediately before or after committing the offence
2) demonstrates hostility directly towards the victim’s membership (or presumed membership) of race or religious group.
OR
3) Offence is partially/wholly motivated by hostility towards a race or religion
Sentence for Racially/Religiously Aggravated Criminal Damage
-Either-way offence
-Summary - 6 months imprisonment and/or fine
-Indictable - Max 14 years imprisonment (+4 years to max sentence)
Aggravated Criminal Damage - S.1(2) Criminal Damage Act 1971
1) Without Lawful excuse,
2) destroy or damage any property (your own or another’s)
3) With intention to or being reckless resulting in endangering the life of another
Offence can still count even if no one was endangered, intention is what matters.
Criminal Damage by Arson -S.1(3) Criminal Damage Act1971
Destroying or damaging property by fire.
Smoke damage is not included.
Aggravated Criminal Damage or Criminal Damage by Arson Sentencing
-Either-Way Offence
-Summary - 6 months imprisonment and/or fine
- Indictable - Life imprisonment
Threats to Destroy or Damage Property - S.2 Criminal Damage Act 1971
1) A person without lawful excuse, threatens another with intent to cause fear they will
2) destroy or damage another’s property
3) destroy or damage their own property in a way to endanger life of another
