Criminal Damage

Question 1

For ‘Destroy/Damage’ the damage must…

Answer 1

Reduce the usefulness or value of the property.

Question 2

The two lawful excuses are…

Answer 2

The owner consented to D. damaging the property.
There is an immediate necessity to protect property by doing the damage.

Question 3

Which level of mens rea does D. have?

Answer 3

Does D. have the direct purpose of destroying or damaging the property?
Does D. realise the risk he may destroy or damage property and take that risk anyway?

Question 4

For the aggravated offence…

Answer 4

There is no need for the property to ‘belong to another’, D. can intend to endanger life by damaging his own property, and the lawful excuses do not apply.

Question 5

Extra MR element:

Answer 5

Life does not need to be endangered, as long as D. intended for it to be.

Question 6

Extra AR element:

Answer 6

FIRE - Is the property destroyed or damaged due to fire?

Question 7

What is the test for Criminal Damage?

Answer 7

1. False representation
2. Dishonesty
3. D. knows the representation is/might be untrue or misleading
4. D. intends to make gain or cause loss