Criminal Damage Flashcards
What does ‘destroy’ mean in the context of Actus Reus?
Following D’s actions, the property ceases to exist.
What does ‘damage’ refer to in the context of Actus Reus?
A question of fact; sufficiently wide to embrace injury, mischief, or harm to property.
Is permanent damage required for Actus Reus?
No, some impairment to value is sufficient.
What types of property are included under Actus Reus?
- Tangible property (not computer systems)
- Wild creatures tamed, kept in captivity, reduced into posssession
What types of property are excluded from Actus Reus?
Mushrooms growing wild, flowers, fruit, or foliage of a plant growing wild.
What does ‘belonging to another’ mean in the context of property?
Having custody or control, any proprietary right or interest, or having a charge on it.
What constitutes Mens Rea in property damage?
Intention or recklessness as to the destruction or damage of property belonging to another.
How is ‘intention’ defined in Mens Rea?
Requires consideration of whether at the time D carried out the act, it was D’s aim or purpose to take the risk.
What is ‘recklessness’ in the context of Mens Rea?
D was subjectively aware of a risk and it was objectively unreasonable to take that risk.
Does Mens Rea extend to the whole of the Actus Reus?
Yes, it must be proved that D knew or was reckless as to whether the property belonged to another.
R v Smith
What is basic arson?
Criminal damage by fire, however slight.
Under which sections is basic arson charged?
Charged under s 1(1) and s 1(3) CDA 1971.
What is Section 5(2)(a) of Lawful Excuse Defences?
It operates where the defendant believes that the owner would have consented to the damage.
This belief need not be reasonable, even if held due to voluntary intoxication (Jaggard v Dickinson [1980]).
Is the defendant’s motive relevant under Section 5(2)(a)?
No, the defendant’s motive for the damage is irrelevant if they honestly believed the owner would have consented.
(R v Denton [1982])
What is the limitation regarding consent in Section 5(2)(a)?
God cannot give consent.
What does Section 5(2)(b) of Lawful Excuse Defences address?
It operates where the defendant acts to protect their or another’s property.
What are the four requirements under Section 5(2)(b)?
- The defendant must act to protect property.
- The defendant must believe that the property was in immediate need of protection (subjective test).
- The defendant must believe that the means of protection adopted are reasonable (subjective test).
- The damage caused must be capable of protecting the property (objective test).
What case illustrates the requirement to protect property under Section 5(2)(b)?
R v Baker & Wilkins - The defendant must act to protect property.
What case illustrates the requirement for the damage to be capable of protecting property under Section 5(2)(b)?
R v Hunt - The damage caused by the defendant must be (objectively) capable of protecting the property.
What other lawful excuses apply in addition to Section 5(2)?
General defences such as self-defence and duress also apply.
What are the elements of aggravated criminal damage?
- Destroy or damage by fire
- Property belonging to another or yourself
- With intention or recklessness as to the destruction or damage of property by fire
Are general defenses applicable in Aggravated Criminal Damage?
Yes, general defenses may apply.
Is it relevant whether the life of another was actually endangered in Aggravated Criminal Damage?
No, it is irrelevant.
How must danger to life arise in Aggravated Criminal Damage?
Danger to life must arise from the damaged property, not the act that caused the damage.
What is the implication if the damage is by fire?
There will always be risk to life from damaged property.
Are there any lawful excuse defenses in Aggravated Criminal Damage?
No, there are no lawful excuse defenses.
What does ‘By Fire’ indicate in the context of Aggravated Criminal Damage?
‘By Fire’ indicates Aggravated Arson.
What are the elements of criminal damage?
- Destroy or damage
- Property
- Belonging to another
- Recklessly
- Or with intention to destroy/damage property belonging to another
What is the maximum sentence for basic criminal damage?
Summary - £2,500 fine, 3 months
Either way in CC - 10 yrs
What is the maximum sentence and category of aggravated criminal damage?
- Indictable only
- Life imprisonment
