Criminal Damage

Question 1

Which act is criminal damage under?

Answer 1

Criminal Damage Act 1971

Question 2

Defendant intentionally or …… destroying or …… property ……..without…..

Answer 2

Defendant intentionally or recklessly destroying or damaging property belonging to another without lawful excuse

Question 3

What is the AR of criminal damage?

Answer 3

Damaging or destroying any property belonging to another

Question 4

What is the MR of criminal damage?

Answer 4

Intent or recklessness as to the damages/distraction and ownership

Question 5

Defences for Criminal Damage

A)

B)

C)

Answer 5

A) Without lawful excise

B) If the defendant honestly believed the owner was consenting/would consent

C) it is a defence to damage property trying to protect yours or another’s

Question 6

Roe v Kingerlee (1986)

Answer 6

Graffiti which could be removed easily constituted criminal damage

Question 7

Jaggard v Dickinson (1981)

Answer 7

Broke into her friends house after she become stranded on a night out

Genuinely believed her friend would be ok with this

Turned out to be the wrong house

Reckless as to the ownership

Question 8

Blake v DPP (1993)

Answer 8

Vicar engraved a biblical quote onto a contrite pilar in protest against the Gulf War

Claimed consent from G-d

Was not justified

Question 9

Seray Werie v DPP (2012)

Answer 9

Not realising you are doing a criminal offence is not enough