Criminal Damage

Question 1

Mens Rea of aggravated criminal damage

Answer 1

Intention or recklessness to damage or destroy property

Intention or recklessness as to whether life is endangered

Question 2

Describe aggravated criminal damage

Answer 2

S1(2) Criminal Damage Act
Committed where the D intentionally or recklessly destroys or damages property belong to another or themselves
Must intend or be reckless as to do endangering life by criminal damage
Danger to life must come from the damage or destruction
Life does not actually have to be endangered
Morphitis v Salmon

Question 3

Jointly owned property

Answer 3

‘Any property’ is an additional element on aggravated criminal damage
Does not matter if the D owns the property fully or partially

Question 4

Describe basic criminal damage

Answer 4

S1(1) Criminal Damage Act
Property must be destroyed or damaged
Must belong to another
Must have intended or been reckless as to the damage
Does not need to be irreparable
Will depend on the time and cost of repairing
Hardman v Chief Constable of Avon and Somerset

Question 5

Actus reus of aggravated

Answer 5

Destroys/damages property belonging to themselves or another without lawful excuse
Life does not actually have to be endangered

Question 6

Defences to basic criminal damage

Answer 6

• If he had lawful excuse
• Genuinely believes the victim consented or would have consented
• Property was in need of immediate protection
• Believed ownership

Question 7

Describe arson

Answer 7

S1(3) Criminal Damage Act
Damage or destruction of property belonging to another by fire
Intention or recklessness as to the destruction or damage
Assessed on time and cost of repairing
Miller

Question 8

Criminal damage

Answer 8

Offence of destroying or causing damage to any tangible property