Criminal Damage Flashcards
Simple damage S1 (1) criminal damage act 1971
A person who without lawful excuse, destroys or damages any property belonging to another intending to destroy or damage such property or being reckless as to whether such property would be destroyed or damaged, will be guilty of an offence
Lawful excuses to S1 simple damage
- If at the time of doing the damage the suspect has an honest held belief that he has the rights to damage that property. Does not need to be reasonable but a honest held belief
- If the suspect believed he would have had the consent of the owner if the circumstances were known by the person entitled to give that consent
- If the suspect destroys or damages property in order to protect other property he believes is in need of immediate protection, the means must be reasonable.
Definition of damage under S1
Property has to be harmed or made less valuable.
It does not need to be permanent RV Flak - flooded custody cell.
If there is a cost involved, even if it’s an unnecessary cost, it is damage.
What is meant by “reckless”
A person is aware that a risk exists or would exist
Being aware of the result of or consequence that would follow that risk. And proceeds to take the risk anyway.
What court deals with the case if the damage is under £5000
Magistrates court
More than £5000 is crown court
Aggravated damage S1(2)
A person is guilty of aggravated damage if he destroys or damages any property, whether belonging to himself or another, intending to destroy or damage such property or being reckless whether any property would be destroyed or damaged and, intending by the destruction or damage to endanger the life of another, or being reckless as to whether the life of another would be endangered.
Arson S1(3) cda 1971
Arson is criminal damage caused by fire
Damage from smoke is not arson
Even if damage under 5000, it is always an indictable offence.
Threats to commit damage S2
A person who without lawful excuse makes to another a threat, intending the other would fear it would be carried out, to destroy or damage any property belonging to that person or a third person, or to destroy his own property in a way which he knows is likely to endanger the life of that other person or a third person, shall be guilty of an offence
Not necessary to prove in S2 threats to commit damage
It is not necessary to show that the other person feared of believed the threat,
Or the the defendant intended to carry out the threat,
Or the defendant was capable to carry out the threat.
Articles to commit damage S3 cda
A person who has anything in his custody or under his control intending, without lawful excuse, to use it, cause or permit another to use it to destroy or damage any property belonging to some other person
or to destroy or damage his own property in a way which he knows is likely to endanger the life of some other person shall be guilty of an offence
