Criminal Damage Flashcards
What Act & section criminalises basic criminal damage?
s1 (1) of the Criminal Damage Act 1971
Define basic criminal damage under s1 (1) of the Criminal Damage Act 1971
A person who without lawful excuse destroys / damages any property belonging to another intending to destroy / damage any such property / being reckless as to whether any such property would be destroyed / damaged shall be guilty of an offence.
Outline the actus reus of basic criminal damage
The destruction of / damage to property belonging to another without lawful excuse, meaning property is useless / no longer exists.
Outline the men’s rea of basic criminal damage
The defendant intended / was reckless that (a) their actions would damage / destroy property & (b) that their property belonged to another
R v G [2004] + Seray - Wurie v DPP [2012]
Outline the definition of destroys / damages
There must be a reduction / impairment in value; perhaps costs are rectified or altered (e.g trampling on grass) whether it’s temporary or permanent destruction / damage, e.g Fiaks [2005]
Damage may be present if it takes time & expense to rectify the damage, e.g Hardman v Chief Constable of Avon & Somerset Constabulary [1986] or R v Henderson & Bailey [1984]
Destroy, meaning the property is useless from that point on; there is an element of finality.
Damaged, meaning the property is made imperfect / inoperative and the value/utility of the property has been impaired.
Individuals have different interpretations of whether property is impaired or not, e.g Morphitis v Salmon [1990]
Outline the definition of property
Defined in s10 of the Criminal Damage Act 1971
Means property of a tangible nature, whether real or personal, including money.
Also covers land, wild plants, fungi & animals.
Not intangible property / things in action, e.g cheques.
Outline the definition of belonging to another
Also defined in s10 of the Criminal Damage Act 1971
Belonging to another could constitute (1) having custody / control of the property (2) having proprietary right or interest (3) having a charge on it.
s10 (3) also discusses trust –> NOT RELEVANT UNLESS A SCENARIO COMES UP ABOUT IT
TRUE OR FALSE? The defendant cannot be liable for damaging / destroying their own property
True
However, under s10 (2), the owner may be found guilty of damaging / destroying their own property if it also belongs to someone else
Outline the definition of without lawful excuse
Under s5 (2) (a), if at the time of the act or acts he believed that the person or persons whom he believed to be entitled to consent to the damage or destruction consented, or would have consented had they known of the circumstances.
Subjective belief, e.g Jaggard v Dickinson [1981] / Denton [1982]
Under s5, (2) (b), if he destroyed or damaged or threatened to destroy or damage in order to protect property belonging to himself or another, provided at the time of the acts alleged to constitute the offence he believed, e.g Johnson v DPP [1994]
At times of immediate need of protection, any means can be found to be reasonable in those circumstances, e.g Hill + Hall [1989] / Kelleher [2003]
Which Act & section criminalises aggravated criminal damage?
Under s1 (2) of the Criminal Damage Act 1971, ‘a person who without lawful excuse destroys or damages any property, whether belonging to himself or another, intending to destroy or damage any property or being reckless as to whether any property would be destroyed or damaged; and intending by the destruction or damage to endanger the life of another or being reckless as to whether the life of another would be endangered’.
Outline the actus reus of aggravated criminal damage
Destroying / damaging property without lawful excuse
Outline the men’s rea of aggravated criminal damage
Intention or recklessness as to the damage / destruction AND as to endangering life.
Lawful excuse under s5 & belonging to another does not apply.
Danger to life must result from the actual destruction or damage to the property
It’s not sufficient for the danger to result from another act which caused the destruction.
Also, it’s irrelevant as to whether the danger was to harm the defendant’s own life, e.g R v Thaker [2010]
Damage & intention to danger life must be from the same act, e.g R v Wenton [2010].
Outline the definition of arson + aggravated burglary
Under s1 (3) of the Criminal Damage Act 1971, arson is where the damage occurs by fire.
Requires the elements of basic criminal damage / aggravated criminal damage.
The property must also be damaged by fire.
The defendant must be reckless as to the thought that the property would be destroyed / damaged by the fire.
