Criminal Damage

Question 1

Basic- Section 1(1) Criminal Damage Act 1971

Answer 1

Destroy or damage
Property
Belonging to another
Without lawful excuse

Intention or recklessness as to whether such property is destroyed or damaged

Question 2

Gayford v Choulder

Answer 2

Slight damage is sufficient

Question 3

Hardman v Chief Constable of Aron & Somerset, Blake v DPP

Answer 3

Temporary damage is sufficient

Question 4

A v R

Answer 4

Court looks at whether it takes time, money and effort to remove the damage

Question 5

Morphitis v Salmon

Answer 5

Must be a reduction is usefulness

Question 6

S10(1)

Answer 6

Defines property as of a ‘tangible nature, whether real or personal including money’

Question 7

S10(2)

Answer 7

Defines BTA as if someone has ‘custody & control’

Question 8

S5(2)

Answer 8

Defines a lawful excuse as:
An honest belief in consent (Denton, Jaggard)
Belief in immediate necessity to protect property (Blake v DPP)

Question 9

S5(3)

Answer 9

Tells us ‘belief is subjective and must be honestly held’

Question 10

Aggravated-Section 1(2)

Answer 10

Destroy or damage
Property
BTA

Intention or recklessness as to whether such property is destroyed or damaged
Intention or recklessness as to endanger the life of another

Question 11

Steer

Answer 11

The danger of life must come from the damage itself, not the cause of the damage

Question 12

Sangha

Answer 12

No actual life has to be endangered from the damage itself as long as the reasonable man would have seen a risk that damage to property could endanger life

Question 13

Arson- S1(3)

Answer 13

Same as basic but with destroy or damage with FIRE