Criminal Damage Flashcards
s1(1) Criminal damage Act 1971 - Simple Damage
e/w 10yrs / 6 mths / fine
s30(1) Crime and Disorder Act 1998 - Rac/Rel agg Dam.
e/w 14yrs / 6 mths / fine
A person who w/out lawful excuse destroys/damages any property belonging to another intending to destroy/damage property or being reckless as to whether such property would be destroyed/damaged.
If value
defacing pavement with water soluble paints and graffiti smeared in mud can both be damage.
Damage incl putting things out of action even for a short time.
Property;
tangible incl wild creatures which are tamed or in captivity or brought into(in course of) someones possession.
D/not inl wild flowers, mushrooms plants growing wild.
Can damage own property if someone else has some form of ownership over it.
s5 Crim Damage Act 1971
lawful excuse;
- believed had permission (consent if known of circs)
- reasonable immediate protection of PROPERTY
Belief needs to honestly held (immaterial whether justified)
eg drunkenly break into another house is NOT damage
Matter for jury
No offence to damage own property unless agg circs, even if damage is to carry out a further offence such as fraud.
s1(2) Agg Damage
Ind - Life
causes damage intending by the DESTRUCTION or DAMAGE to endanger life of another or being reckless as to whether the life of another would be endangered.
Def fires gun through window - Not agg damage as bullet was the matter to endanger life not the damaged window.
Dam car windscreen or ramming car is agg damage.
s1(3) Arson
e/w life on indic, if life not endangered 6 mths or fine.
Destroy/damage property by fire.
Agg damage by arson is ind - Life
Def who set fire to PH killing co-acc and injuring self convicted of arson AND manslaughter.
s Threats to destroy or damage property
e/w 10yrs / 6 mths / fine
w/out lawful excuse makes a threat intending other to fear would be carried out.
irrelevant if def intended to carry out threat or if IP believed it.
Protestors threat to set fire to themselves would not commit this offence
permission def. not app if the damage threat likely to endanger life.
s3 Having articles with intent to destroy/damage
e/w 10 yrs / 6mths / fine
Anything in custody OR control intending w/out lawful excuse to use or permit another to use it
to destroy/damage property belonging to another
-“- own property in a way he knows is likely to endanger life.
Key element is the def intention!!! Conditional intent will suffice
incl aerosols and averts with adhesive
BELIEF right in law to commit damage is not a defence.
You CANNOT steal a human body but you CAN damage it
