Criminal Damage

Question 1

What are the 3 elements to the AR for criminal damage?

Answer 1

1. There must be PROPERTY
2. That property must belong to ANOTHER
3. D must DAMAGE that property

Question 2

Can an item be criminal damaged if the usefulness or value of the object is not affected?

Answer 2

No - must affect the usefulness or value of the object

Question 3

It what case was it determined that clamping a car does not put criminal damage on it?

Answer 3

DRAKE 1994

- Was drunk so charged for attempting to drive a vehicle separately

Question 4

In what case was it deemed that painting a paving stone with water-soluble paint amounted to criminal damage?

Answer 4

HARDMAN v CHIEF CONSTABLE OF AVON AND SOMERSET CONSTABULARY 1986
- As council used a high power water jet to remove that paint it was said that this was criminal damage.

Question 5

It what case did smearing mud graffiti on a police cell wall held as crim damage?

Answer 5

ROE v KINGERLEE

- This was despite the fact that it was easily removed with water. Cost was put at £7

Question 6

Would spitting on a policeman’s uniform be deemed criminal damage?

Answer 6

No, no cost to repair

Question 7

Has a hacker who has erased or modified information held on a computer’s hard disk committed crim damage?

Answer 7

No - explained in computer misuse act 1990

Question 8

Definition of property in Theft Act and Criminal Damage act very similar. What is different in the way that they deal with land?

Answer 8

• Theft act - land cannot be stolen

- Crime Dam Act: Land can be damaged or destroyed like property, inc arson.

Question 9

Can intangible property be damaged in CDA?

Answer 9

No

Question 10

Would damaging own car to defraud an insurance company be crim damage?

Answer 10

No, must belong to another

This does not apply for criminal damage endangering life

Question 11

What happened in SMITH 1974

Answer 11

• D made modifications to the flat he rented. By installing them they became property of the landlord under civil law.
• When leaving the property D removed the wiring damaging wall panels that he had installed.
• Conv of crim damage. Appealed as lacked MR as believed panels belonged to him
• Quashed - mistake with understanding of civil law

Question 12

What type of recklessness is relevant to criminal damage?

Answer 12

subjective

Question 13

In what case did D run in to the road and cause damage to a car?

Answer 13

BOOTH v CPS

• While high on cannabis and drunk ran into the road without looking.
• jumped on bonnet of a car to avoid being struck and caused ~£500 of damage to car.
• Convicted of crim damage through recklessness.
• Appealed as suggested that objective test was applied, conv held as subjective.

Question 14

In what case did D set fire to machinery in a mill where he worked?

Answer 14

DENTON 1982

• Owner had mentioned that fire would help the failing business for an insurance claim
• Judge did not believe that this provided a lawful excuse.
• Appeal quashed conviction as setting fire to a building in believe that the owner’s consent is held is not crim damage even if aim is dishonest.

Question 15

In what case was a live wire from a TV signal box left exposed on the side of a house?

Answer 15

MERRICK 1995:

• Removed from side of house with written consent.
• Live wire left exposed for 6 mins before making safe.
• charged and conv under S1(2) - crim damage endangering life
• C of A upheld conv. Would have been same if householder did it

Question 16

For crim damage it is not enough to show that the damage occurred endangering life - what must also be shown?

Answer 16

Intention or recklessness (Cunningham) as to the life being endangered.

Question 17

In what case did D fire shots at old business partners house in which the conviction for criminal damage was quashed?

Answer 17

STEER 1987:

• After ringing doorbell fired shots at the windows
• Charged with criminal damage being reckless as to whether life would be endangered.
• Conviction quashed - had to be shown there was an intentional or reckless causing of damage to the property (which there was) and intention or recklessness as to the prospect of danger to life from that damage.
• Aim was to directly endanger people - OAPA would have been better.

Question 18

In what case did D break into a house in a drunken state which she believed to belong to a freind?

Answer 18

JAGGARD v DICKENSON

• D found she was locked out of own home after drinking.
• Broke into what she thought was a friends house but identified the wrong prop.
• Magistrates said could not rely on consent as her belief was brought on by intoxication
• Divisional court quashed conviction - immaterial whether belief is justified or not if honestly held.