CRIMINAL DAMAGE Flashcards
what statute is criminal damage from?
Criminal damage act 1971
what are the 3 offences?
S1(1) basic offence of CD
S1(2) Aggravated offence
S1(3) criminal damage using fire- arson
what’s the AR of S1 (1) basic offence of CD
Destroy or Damage property belonging to another!
what’s the MR of S1 (1)
Intention to damage or destroy the property belonging to another or to be reckless as to whether the property would be destroyed or damaged!
What was destroy or damage property defined as?
Not defined in the statute
Destroy= If it no longer useful/ fit for purpose
Damage= if either permanent or temporary AND it will have occurred if time, money and effort are required to return the property to its original state.
Cases - Damage
Roe V Kingerlee - Mud smeared on the walls of police cell, Cost money to clean off
Blake V DPP - D wrote on concrete pillars, Expense to remove it
Cases - Not damage
A V R- D spat on police officers coat, Easily washed off
Morphitis V Salmon - A scratch on scaffolding pole did not affect its usefulness
Define property?
S10 (1) Criminal damage Act 1971- Defines wider then Theft act 1968,
- Land itself but still excludes wild plants
- Intangible rights cannot be damaged
What is belonging to another?
Property belongs to another:
Having the custody or control of it
Having in it any proprietary rights or interest
Having a charge on it
What defences does Criminal damage act 1971?
2 Law excuses:
S5 (2) a- Lawful excuse if the D believes that the owner or guardian of the property would have consented to the damage
S 5 (2) b- The property needing is in immediate danger
Is being Drunk a defence?
Can be: Jaggard V Dickinson- Not guilty on appeal - the belief about the owner was an honest one - even though formed when drunk.
Whats the AR of S1(2) Aggravated CD?
The basic offence AR AND being reckless whether life was endangered
What is endangered the life of another? + case
Must be actual destruction of, or damage to property that endangers the life of another
R v Steer- Not guilty as the damage to the door did not endanger life
What is the MR for S1(2) Aggravated CD?
MR for the basic offence and intent in or reckless as to whether life was endangered. D must realise there is a risk of damage endangering the life of another
Whats the AR of S1(3) Arson?
Committed by Fire AND can be committed by an Omission ( R v Miller)
