Criminal Damage Flashcards
R v Whitely
Involved computer hacking
- damage should be interpreted so as to include not only permanent or temp physical harm but also perm or temp impairment of value or usefulness
Hardman and others
Use of soluble paint was still considered crim dam because inconvenient for local authority to clean it; inconvenience was indicator of damage
Roe v Kingerlee
Court held must apply common sense as to what causes criminal damage - matter of fact and degree
R v Hunt
Set fire to demonstrate defective fire alarm
- lawful excuse not applicable because more focused on showing defect rather than to protect property
- whether actions taken in order to protect property was objective - left to be determined by the court
R v Hill and Hall
2 part test
Subjective– did the def believe that the property was in immediate need of protection and that the means used to protect the property were reasonable?
Objective – was the defs act performed in order to protect property?
R v Smith
A person intentionally damaging property believing that it is his own cannot be held liable
R v Merrick
Any precautions to eliminate that risk must be taken before the damage is caused - def was dealing with his own property
R v Steer
Shot of a bullet was not crim damage but aggravated offence
R v Sangha
No life endangered through act; no requirement that life should in fact be endangered under s1(2)
Test to apply was whether ordinary bystander would have perceived an obvious risk that property would be damaged and that life could thereby be endangered
Fact that there were features that prevented the risk from materializing was irrelevant
R v Denton
S 5(2)a – owners consent is enough - in this scenario he was charged with arson even through owner gave consent to burn down factory ( did it for fraud claim)
