Criminal Damage Flashcards
What is the maximum sentence for basic criminal damage?
10 years
Name the five parts of the offence of criminal damage
Destroy or damage
Property
Belonging to another
Without lawful excuse
Intention or recklessness as to the damage or destruction of property belonging to another
Name the elements of the AR of criminal damage
Destroy or damage
Property
Belonging to another
How does the court interpret ‘damage’ in basic criminal damage AR?
Damage has a wide meaning
Need not be permanent - time, effort and money spent restoring an item would evidence damage
Includes permanent or temporary impairment of value or usefulness
Ease of cleaning matters
How does the court interpret ‘property’ in basic criminal damage AR?
Property of a tangible nature, either real or personal, including money and
wild creatures which have been tamed if they have been reduced into possession
NOT include
Mushrooms growing wild, flowers, fruit or foliage growing wild
information is not property
How does the court interpret ‘belonging to another’ in basic criminal damage AR?
Having custody or control of an item
Having in it any proprietary right or interest
Having a charge on it
Property can belong to more than one person
What is the MR for basic criminal damage?
Intention or recklessness as to the destruction or damage of property belonging to another
Must apply to all three elements of the AR
What is the AR and MR of basic arson?
AR: destroy or damage by fire, property, belonging to another, without lawful excuse
MR: intention or recklessness as to the destruction or damage of property belonging to another by fire
What defences apply for criminal damage?
Any general defence
S5(2) lawful excuse defence - only for basic criminal damage / basic arson
What is the S5(2)(a) element of the lawful excuse?
D believes that the owner would have consented to the damage
D’s belief need not be reasonable - it just must be honestly held
Does a S5(2)(a) lawful excuse defence hold up if voluntarily intoxicated?
Yes - the belief does not need to be reasonable - only needs to be honestly held
Limit; “God giving consent” is not reasonable
What is the S5(2)(b) lawful excuse defence to criminal damage?
D acts to protect their’s or another’s property
At the time of the act believe that the property was in immediate need of protection and that the means of protection adopted or proposed to be adopted were reasonable in the circumstances
people do not constitute property
Set out the four requirements for a S5(2)(b) defence clearly
D acted to protect property
D believed that the property was in immediate need of protection
D believed that the means of protection adopted are reasonable
Damage caused by D must be objectively capable of protecting the property
What is the AR and MR of aggravated criminal damage / arson?
AR:
Destroy or damage [by fire]
Property
MR:
Intention or reckless as to the destruction or damage of property [by fire]
Intention or recklessness as to the endangerment of life by the damage or destruction [by fire]
Name three important features of aggravated criminal damage / arson
D can commit these offences to their own property
Lawful excuse defences do not apply but general defences do
Irrelevant whether the life of another was actually endangered - just depends if life might have been endangered
Where must the ‘danger to life’ emerge from for aggravated criminal damage / arson?
The damaged property itself, not the means of damaging the property
If damage is caused by fire - risk to life will ALWAYS be from the damaged property
