Criminal Damage Flashcards
Section 1(1) Criminal Damage Act 1971: Definition
A person who, without lawful excuse, destroys or damages 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
Section 1 Criminal Damage Act 1971: Points to Prove
- Without lawful excuse
- Or by being reckless
- Destroy or damage property
- Belonging to another
What lawful excuses are there for criminal damage?
- Believe they have the consent of the owner
- Believe they own the property
- Caused damage to immediately protect other property
What is the definition of destroys/damages for the Criminal Damage Act 1971?
Destroyed beyond repair, or harmed, made less useful/valuable, defaced, etc.
Does not need to be permanent, but does involve a cost of time or money to repair.
Do wild animals or plants count as property under the Criminal Damage Act 1971?
No, similar to the Theft Act 1968, they must be cultivated/tamed
What is transferred malice?
In regards to criminal damage
When intending to damage/destroy property, you miss your intended target and hit something else. This is still criminal damage.
What is the definition of ‘reckless’ in regards to the Criminal Damage Act 1971?
Aware that a risk exists and ignore it.
Need to be able to perceive the risk.
Section 1(2) Criminal Damage Act 1971: Definition
A person who without lawful excuse destroys or damages any property, whether belonging to himself or another—
(a) intending to destroy or damage any property or being reckless as to whether any property would be destroyed or damaged; and
(b) intending by the destruction or damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered;
shall be guilty of an offence.
Section 1(3) Criminal Damage Act 1971: Definition
An offence committed under this section by destroying or damaging property by fire shall be charged as arson.
What are the three subsections under Section 1 Criminal Damage Act 1971?
1) Causing damage, intended or recklessly
2) Damaging property with intent to endanger life, or endangering life by being reckless
3) Criminal damage by fire (arson)
In summary, what is Section 1 of the Criminal Damage Act 1971?
Causing criminal damage, purposefully or recklessly
In summary, what is Section 2 of the Criminal Damage Act 1971?
Making threats to cause criminal damage
In summary, what is Section 3 of the Criminal Damage Act 1971?
Having articles to cause criminal damage
Section 2 Criminal Damage Act 1971: Points to Prove
- Without lawful excuse
- Threatens another to destroy/damage
- Intending
- Another would fear it would be carried out
Under Section 2 of the Criminal Damage Act 1971, is it an offence if you make a threat to damage another’s property, but do not actually intend to do any damage?
Do they need to actually believe that you will carry out the threat?
Yes, as long as you intended to make them fear that you would carry out the threat
They do not need to believe the threat.
Section 3 Criminal Damage Act 1971: Points to Prove
- Has anything in their custody/control
- Intending
- Without lawful excuse
- Use or cause or permit another to use
- To destroy/damage property
- Belonging to another
Must prove intent, not just possession
What can be damaged under Section 1 of the Criminal Damage Act 1971?
The object must be “real” or something tangible.
Includes land or money.
Includes wild animals in captivity.
Jointly owned property can also be damaged.
What value of the property damaged would warrant the offence to be tried by summary?
If the value is £5000 or lower.
