Criminal Damage Flashcards
What are the two defences to criminal damage
Permission - A belief you have been given permission.
Protection - That you are causing the damage to protect the property/life etc.
When can the defences for criminal damage be used?
They can be used in relation to simple damage and not in relation to aggravated damage.
When is criminal damage a summary offence?
When the damage caused is less than £5000
When is damage less that £5000, not a summary offence
When it is racially aggravated
Can aggravated criminal damage be racially aggravated
No
Does the damage have to be permanent
No
What are the options to the Police if the damage is below £300
They can issue a FPN
What are the options if it is writing/soiling/defacing of a surface.
They can issue a graffiti notice.
Can intangible property be damage
No
Can “land” be damaged
Yes
Can you cause damage to your own property
Yes if someone else has control or a proprietary interest in that property.
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.
This is not criminal damage - just fraud.
Can criminal damage less than £5000 which is a summary offence be attempted
Yes - Summary by virtue of the value.
What is not property for criminal damage
Fruit, Foliage, Mushrooms, flowers - growing wild on any land.
Is a wild animal property
yes if kept as a pet, or reduced into the control of a person.
What is the mens rea for aggravated damage
Intended to or subjectively reckless as to the fact.
What is the subjective reckless test
forsaw the risk but then when on to take it anyway.
In aggravated damage, is it an offence to cause damage to endanger your life alone.
No, the intent must be to endager the life of another.
Is arson under £5000 summary only.
No arson irrespective of the value is an either way offence.
Aggravated damage by arson - ie arson with the intent to endanger life is triable ….
Indictable only
If a person causes death by arson with the intent to endanger life.. what other offences are they likely to commit.
Manslaughter
What is the mens rea for threats to cause criminal damage
Intent that the victim would believe.
Does the person actually need to believe that criminal damage will be caused.
No, this is an intent level by the suspect.
Does the person making the threat actually need to intend to carry out the offence?
No, just intend to make the victim believe it will happen.
What if it is impossible to carry out the offence.
It doesn’t matter it is an intent offence. ie when the person intends the other to believe it will happen.
Threats to cause damage, is it an offence to threaten to cause damage to your own property in order to threaten to endanger life.
Yes, own property is included on this one.
Is it an offence to keep an item to cause damage “just in case”
Yes as long as the intent is to cause damage.
What is the general defence to all criminal damage offences
Self defence.
When is it an offence to sell and aerosal.
To a person under the age of 16
What is a defence to this
That the seller took reasonable steps to identify the person’s age and believed them to be over the age of 16
