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CRIMINAL DAMAGE > CRIMINAL DAMAGE > Flashcards

CRIMINAL DAMAGE Flashcards

1
Q

In what circumstances can Criminal Damage be aggravated?

Apart from as a CHAP offence (hate crime)

A

When, at the time of causing the damage, the person INTENDED to endanger the life of another or was SUBJECTIVELY RECKLESS as to whether life would be endangered

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2
Q

When is Criminal Damage dealt with by way of FPN?

A

Property valued under £300

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3
Q

When is Criminal Damage a summary only offence?

A

Property valued UNDER £5000

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4
Q

When is Criminal Damage an either way offence?

A

Property valued ABOVE £5000

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5
Q

When is Criminal Damage an Indictable Only offence?

A

When it is aggravated by intent/SR endangering life.

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6
Q

Can Criminal Damage be attempted?

A

Yes, irrespective of value.

Summary offences cannot usually be attempted, but Criminal Damage is only summary by virtue of the value of the damaged property, therefore it can be attempted on any level.

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7
Q

What does it mean to destroy ?

A

The object has been rendered useless

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8
Q

What does it mean to damage?

A

The object has been physically harmed.

This does not have to be permanent. Especially if it can be put right at cost.

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9
Q

Can it be aggravated if no or minor damage is caused?

I.e not endangering life…

A

Yes. It is the INTENT or SR that completes the offence if the damage is minor.

If there is no damage, it will be an attempt.

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10
Q

Revision: Can an attempt be aggravated??

A

Research

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11
Q

What is classified as property?

A
  • Real property (land, buildings)
  • Personal property
  • Money
  • Animals (if ordinarily kept as pets/in captivity, or in the process of being reduced into possession).
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12
Q

What is different about the definition of “PROPERTY” in Criminal Damage than in Theft legislation?

Think Land…

A

Land can be criminally damaged but land cannot be stolen.

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13
Q

Are WILD mushrooms/flowers/foliage/fruit growing on PRIVATE land considered the landowners property?

A

No!
WILD mushrooms, flowers, foliage or fruit on ANY land - public and private - are NOT property.

If it is damaged to a point where it cannot regrow- that will be Theft. I.e cutting down a wild apple tree on private land.

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14
Q

When can you Criminally Damage your own property?

A

When someone else has a proprietary right or interest in it (i.e joint ownership)
OR
When the property has a charge on it (hire purchase or financed by bank, etc).

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15
Q

Whose property has to be damaged for either criminal damage or the aggravated offence to be committed?

A

Criminal Damage: Someone else’s property (i.e not your own, unless specific exception applies)

Aggravated: ANYONE’s property. EVEN YOUR OWN!!

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16
Q

What is subjective recklessness?

A

It needs to be proven that the suspect FORESAW the risk, but acted anyway.
There is NO LONGER an “ought to know” element. They must have PROCESSED THE RISK.

Remember the children who set the wheelie bins alight. Admitted to arson, but found not guilty of endangering life as they were children and didn’t process the risk.

17
Q

What must cause the endangerment to life?

A

The actual damage itself!
Not the thing causing the damage!

R V STEER:
A man shot a bullet through a glass window. Not aggravated because the bullet was the risk to life rather than the glass shards.

18
Q

Whose life must be endangered?

A

LIFE OF ANOTHER

Endangering one’s own life is not enough for aggravated criminal damage.

19
Q

What is Arson?

A

Criminal damage by fire.

20
Q

What type of offence is Arson?

A

EITHER WAY, irrespective of value.

21
Q

If death is caused by the arson, what else can you convict for and why?

A

Constructive manslaughter

Men’s rea: SR that the property would be damaged/destroyed. A reasonable person would foresee the risk of physical harm caused by that damage.

Actus reus: arson is an unlawful act that causes death.

22
Q

Whose property can THREATS of criminal damage be made against?

A

SOMEONE ELSES; if it is simply to be destroyed or damaged.

ALSO their own IF they threaten to do it in a way that they KNOW is likely to endanger ANYONE’s life.

23
Q

What type of offence are Threats to Criminally Damage property?

A

EITHER WAY

24
Q

When is the offence of (threats to cause) actually complete?

A

At the time the threat is made, if they intended that the person believed the threat would be carried out.

25
Q

Does the victim have to believe that the threat will be carried out? (For threats to criminally damage property)

A

No. The victim does not have to believe it.

The suspect must only intend for them to believe it will happen.

26
Q

For a person to be guilty of threats to criminally damage,

does it matter whether the suspect intends to carry out the threat?

(Empty Threats)

A

No, intent to actually carry out is immaterial.

Offence is complete at the time of threatening, if they intended that the victim believes it will be done.

EMPTY THREATS ARE ENOUGH TO COMPLETE THE OFFENCE!

27
Q

For a person to be guilty of threats to criminally damage,

does it matter whether it is possible to even carry out the threat?

(Impossible Threats)

A

No, it is immaterial whether the threat is possible to carry out.

IMPOSSIBLE THREATS ARE ENOUGH TO COMPLETE THE OFFENCE!

28
Q

Having articles with intent to commit Criminal Damage

Whose property must it be?

A

Destroy/Damage: someone else’s

Endanger life: Anyone’s, even their own.

29
Q

Having articles with intent to commit criminal damage…

Person A carries but intends for Person B to use it… who is guilty of the offence?

A

BOTH.

“Having anything in their custody or control, intending without lawful excuse, to use it themselves or PERMIT/CAUSE ANOTHER to use…”

30
Q

Having articles with intent,

What type of offence is it?

A

EITHER WAY

31
Q

Having articles with intent:

What is meant by ‘control’ ?

A

More than simple possession or constructive possession.

Could be at their house while they are at work, etc.

32
Q

What is the men’s rea for having articles with intent to use for criminal damage?

A

INTENT TO USE ARTICLE

33
Q

Having articles with intent:

Is damage to property necessary for the offence to be complete?

A

No… No damage has to be caused.

Damage does not even have to be possible. It will still be a complete offence.

34
Q

Will the person be guilty of having articles with intent to use, even if they are carrying the article JUST IN CASE?

I.e, carrying a sledgehammer to break a car window just in case you walk past a car and see something valuable in the back seat?

A

Yes. Still guilty.

R V BUCKINGHAM 1976

35
Q

Using water soluble paints to paint on a pavement…

Is this criminal damage?

A

YES even though damage is only temporary and will be gone when it rains!

36
Q

Smearing graffiti with mud…

Is this criminal damage?

A

YES. Even though it is temporary and mud is natural.

37
Q

Flooding a cell by stuffing a blanket and repeatedly flushing.

Why is this criminal damage even though the cell/blanket can be cleaned and reused?

A

The cell and blanket were temporarily rendered useless

CRIMINAL DAMAGE (1 decks)

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