Criminal Damage

Question 1

AR

Answer 1

Destroy or damage
Property
Belonging to another

Question 2

MR

Answer 2

Intention or recklessness as to in doing the damage

Lawful excuses
Believed owner would consent (Denton )
Beloved damage needed to protect other property

Question 3

Destroy or damage

Answer 3

Destroy includes making an item useless even if it is not completely destroyed

Damage includes non permanent damage if t requires effort to remove it (roe v Kingerlee)

It is not damage if it can be easily wiped off- A(a juvenile ) v R

Question 4

Property

Answer 4

Must be tangible

Includes real and personal property

Includes wild animals in captivity or possession of another

Question 5

Belonging to another

Answer 5

1) having custody or control of it or;
2) having in it any proprietary interest or;
3) having a charge on it

Smith

Question 6

MR

Answer 6

Intention-(pembliton=no intention )

Seray white- intention

Smith - honest belief, whether justifiable or not, that the property was the defendants own negates the element of men’s rea”

Reckless

Must be subjective recklessness (gemmell and Richards)

Question 7

Lawful excuse

Answer 7

S5(2)a- Belief in consent -Denton

Intoxicated mistake- combination of S5(2)a and S5(3)- allows the defence of mistake to be used even where D was intoxicated-Jaggard v Dickinson

Belief that property was in need of immediate protection- S5(2)b-