Criminal Damage

Question 1

What are the two defences to criminal damage

Answer 1

Permission - A belief you have been given permission.

Protection - That you are causing the damage to protect the property/life etc.

Question 2

When can the defences for criminal damage be used?

Answer 2

They can be used in relation to simple damage and not in relation to aggravated damage.

Question 3

When is criminal damage a summary offence?

Answer 3

When the damage caused is less than £5000

Question 4

When is damage less that £5000, not a summary offence

Answer 4

When it is racially aggravated

Question 5

Can aggravated criminal damage be racially aggravated

Answer 5

No

Question 6

Does the damage have to be permanent

Answer 6

No

Question 7

What are the options to the Police if the damage is below £300

Answer 7

They can issue a FPN

Question 8

What are the options if it is writing/soiling/defacing of a surface.

Answer 8

They can issue a graffiti notice.

Question 9

Can intangible property be damage

Answer 9

No

Question 10

Can “land” be damaged

Answer 10

Yes

Question 11

Can you cause damage to your own property

Answer 11

Yes if someone else has control or a proprietary interest in that property.

Question 12

What if I caused damage to my own property which no one else has a right to, in order to make a fraudulent insurance claim.

Answer 12

This is not criminal damage - just fraud.

Question 13

Can criminal damage less than £5000 which is a summary offence be attempted

Answer 13

Yes - Summary by virtue of the value.

Question 14

What is not property for criminal damage

Answer 14

Fruit, Foliage, Mushrooms, flowers - growing wild on any land.

Question 15

Is a wild animal property

Answer 15

yes if kept as a pet, or reduced into the control of a person.

Question 16

What is the mens rea for aggravated damage

Answer 16

Intended to or subjectively reckless as to the fact.

Question 17

What is the subjective reckless test

Answer 17

forsaw the risk but then when on to take it anyway.

Question 18

In aggravated damage, is it an offence to cause damage to endanger your life alone.

Answer 18

No, the intent must be to endager the life of another.

Question 19

Is arson under £5000 summary only.

Answer 19

No arson irrespective of the value is an either way offence.

Question 20

Aggravated damage by arson - ie arson with the intent to endanger life is triable ….

Answer 20

Indictable only

Question 21

If a person causes death by arson with the intent to endanger life.. what other offences are they likely to commit.

Answer 21

Manslaughter

Question 22

What is the mens rea for threats to cause criminal damage

Answer 22

Intent that the victim would believe.

Question 23

Does the person actually need to believe that criminal damage will be caused.

Answer 23

No, this is an intent level by the suspect.

Question 24

Does the person making the threat actually need to intend to carry out the offence?

Answer 24

No, just intend to make the victim believe it will happen.

Question 25

What if it is impossible to carry out the offence.

Answer 25

It doesn’t matter it is an intent offence. ie when the person intends the other to believe it will happen.

Question 26

Threats to cause damage, is it an offence to threaten to cause damage to your own property in order to threaten to endanger life.

Answer 26

Yes, own property is included on this one.

Question 27

Is it an offence to keep an item to cause damage “just in case”

Answer 27

Yes as long as the intent is to cause damage.

Question 28

What is the general defence to all criminal damage offences

Answer 28

Self defence.

Question 29

When is it an offence to sell and aerosal.

Answer 29

To a person under the age of 16

Question 30

What is a defence to this

Answer 30

That the seller took reasonable steps to identify the person’s age and believed them to be over the age of 16