Criminal Damage

Question 1

What is the Act

Answer 1

Criminal Damage Act 1971

Question 2

What is Criminal Damage as defined by the act?

Answer 2

A person who without lawful excuse
damages or destroys any property belonging to another
intending to damage or destroy any such property
OR
being reckless as to whether any such property would be damaged or destroyed

Question 3

When would a person have lawful excuse to commit criminal damage?

Answer 3

Honestly believes that:

1) they owned the property
2) they had the consent OR thought they would have
3) to damage property protects property in immediate danger

Question 4

What is property

Answer 4

Anything of a tangible (can touch) nature

Real or personal Including money

Question 5

What does not count as property?

Answer 5

Mushrooms growing wild on any land or flowers, fruit or foliage of a plant growing wild on any land
Wild creatures not belonging to anyone and not normally kept in captivity

Question 6

What is the definition of destroys or damages?

Answer 6

Damaged beyond repair
In need of replacement at full cost
OR
Requires some expense or effort to return to serviceable condition.
suffered some physical harm, impairment or deterioration

Question 7

Property is treated as belonging to someone when:

Answer 7

• They have custody or control of it
• They have proprietary right of interest (car finance)
• have charge of it (rented)

Question 8

What is intent?

Answer 8

Purposely / deliberate

Knew what they were doing

Transferred malice

Question 9

What is reckless?

Answer 9

If they consider the risk it would be obvious, but they
choose to ignore the risk
They consider the risk, and recognise the risk, but go
ahead anyway.
It is, in the circumstances known to him, unreasonable
to take the risk.