Criminal damage

Question 1

Definition of simple criminal damage

Answer 1

Without lawful excuse intentionally or recklessly destroying or damaging property belonging to another

Question 2

When is property usually seen as having been damaged/destroyed?

Answer 2

When expense must be incurred in rectifying the consequence

Question 3

What are the MR elements of simple criminal damage?

Answer 3

• intention/recklessness as to the destruction/damage of property belonging to another, and
• knowledge/belief that the property belongs to another

Question 4

Which offences does lawful excuse apply to?

Answer 4

Simple criminal damage and arson (not aggravated!)

Question 5

2 situations where lawful excuse arises

Answer 5

• honest belief that the person entitled to consent would’ve consented if knew of circumstances
• honestly believed the property was in immediate need of protection, and the means adopted were reasonable

Question 6

Definition of arson

Answer 6

Without lawful excuse intentionally or recklessly destroying or damaging property belonging to another by FIRE

Question 7

What is the difference between the MR elements of criminal damage and aggravated damage (an arson and aggravated arson)?

Answer 7

The aggravated offences have an extra MR element of intention/recklessness as to endangerment of life

Question 7

3 differences between criminal damage and arson and their aggravated counterparts?

Answer 7

Aggravated offences:
- have the extra MR element of intention/recklessness as to endangerment of life
- cannot rely on lawful excuse
- don’t have to be to property belonging to another