Criminal Damage

Question 1

Simple Criminal Damage

s. 1(1) Criminal Damage Act 1971

Answer 1

AR:
Destroy or damage;
property;
belonging to another

MR:
Intention or recklessness;
to destroy or damage property; and
D knows or is reckless as to whether property belongs to another

Question 2

Property =

s. 10(1) CDA 1971

Answer 2

Anything tangible, real or personal, including money, property etc.

Question 3

Property will belong to another if that person has custody, control, a proprietary right, interest or a charge on it

Answer 3

s. 10(2) Criminal Damage Act 1971

Question 4

D will not be liable if honestly believed property belonged to himself

Answer 4

R v Smith

Question 5

Defences available for simple criminal damage

Answer 5

Defence of lawful excuse can be established if there is either:

• permission
• or act was done to PROTECT property

(s. 5(2) CDA 1971)

Question 6

Defence of lawful excuse has been successful even when based on voluntary intoxication, despite criminal damage being a basic intent crime

Answer 6

Jaggard v Dickinson

Question 7

Aggravated Criminal Damage

s. 1(2) Criminal Damage Act 1971

Answer 7

AR:
Destroys or damages
Property

MR:
Intention or recklessness to destroy or damage property
and
Intention or recklessness as to endangering life of another (through damage)

Question 8

Endangerment to life must be from the damage/destruction itself

Answer 8

R v Steer

Question 9

Life doesn’t actually have to be endangered, there just must have been risk of it

Answer 9

R v Dudley

Question 10

Defence for Aggravated Criminal Damage

Answer 10

Defence of lawful excuse does NOT apply

Question 11

Simple Arson

s. 1(1) and s1(3) Criminal Damage Act 1971

Answer 11

AR:
Destroy or damage
BY FIRE
property
belonging to another

MR: (same as for simple criminal damage)
Intention or recklessness to destroy or damage property
D knows or is reckless as to whether property belongs to another

Question 12

Defence for simple arson

Answer 12

Defence of lawful excuse can be established if there is either:

• permission
• or act was done to PROTECT property

(s. 5(2) CDA 1971)

Question 13

Aggravated Arson

s. 1(2) and s. 1(3) Criminal Damage Act 1971

Answer 13

AR:
Destroy or damage
BY FIRE
property

MR: (same as aggravated criminal damage)
intention or recklessness to destroy or damage property
intention or recklessness as to endangerment of life of another (through damage)

Question 14

Defence for aggravated arson

Answer 14

Defence of lawful excuse does NOT apply

Question 15

Key Cases for Criminal Damage

Answer 15

R v Smith (not liable if honestly believed property belonged to himself)
Jaggard v Dickinson (defence of lawful excuse successful even when based on voluntary intoxication)
R v Steer (endangerment to life must be from damage itself)
R v Dudley (life doesn’t actually have to be endangered)