Criminal Damage

Question 1

Basic criminal damage (s1(1)CDA 1971) - AR

Answer 1

Destroys or damages property belonging to another

Question 2

No general rule as to what constitutes damage - look at circumstances and nature of article. Unnecessary to establish such definite damage as renders the property useless or prevents it from serving its normal function

Answer 2

Samuels v Stubbs

Question 3

Spitting on coat not criminal damage - there must be some expense on the part of the owner to restore it to its previous condition

Answer 3

A (a juvenile) v R

Question 4

Damage need not be permanent

Answer 4

Hardman v Chief Constable of Avon

Question 5

Mud spread on police walls may constitute damage

Answer 5

Roe v Kingerlee

Question 6

Criminal damage includes not only permanent or temporary physical harm but also permanent or temporary impairment of value or usefulness

Answer 6

Morphitis v Salmon

Question 7

Information does not fall within the definition of property

Answer 7

R v Whitely

Question 8

MR for basic criminal damage

Answer 8

Intention or recklessness (R vG) as to the destruction or damage of property belonging to another

Question 9

Insufficient that D does an act that damages property intentionally, he must also know or be reckless as to whether the property belonged to another

Answer 9

R v Smith

Question 10

Without lawful excuse exceptions - s5(2)(a) - test for belief is subjective. Even if the belief resulted from the defendant’s intoxication, regarless of whether the belief is reasonable, the defendant is entitled to the defence as long as it is honestly held

Answer 10

Jaggard v Dickinson

Question 11

Motive is irrelevant to s5(2)(a) provided D honestly believes that owner would have consented, even where motive is perpetrate a crime

Answer 11

R v Denton (believed factory owner wanted him to burn down factory)

Question 12

Argument that God consented to damage failed - s5(2)(a)

Answer 12

DPP v Blake

Question 13

Defence where the defendant acts to protect his or another’s property only applies to property - s5(2)(b)

Answer 13

R v Baker and Wilkins (kicked down door to protect child)

Question 14

Accused must believe that the property was in immediate need of protection (subjective) - s5(2)(b)

Answer 14

Johnson v DPP (squatter fitting locks - not immediate)

Question 15

Accused must believe that the means of protection are reasonable (subjective) and the damage caused by the accused must be objectively capable of protecting the property- s5(2)(b)

Answer 15

R v Hunt (started fire to show inadequacy of fire alarm)

Blake v DPP (grafitti cannot protect property)

R v Hill and Hall (cutting wire to nuclear submarine base, not capable of protecting property)

Question 16

Aggravated criminal damage

Answer 16

Can be committed against his own property

s5(2) defences do not apply

Question 17

AR aggravated criminal damage

Answer 17

A person who without lawful excuse destroys or damages property, whether belonging to himself or another (s1(2) CDA 1971)

Question 18

MR aggravated criminal damage

Answer 18

Intention/recklessness as to damage or destruction of property
AND
Intention/recklessness as to the endangerment of life by the damage or destruction

Question 19

Life need not actually be threatened - neighbours were not in but defendant was reckless as to endangerment of life

Answer 19

R v Sangha

Question 20

Danger to life must arise from the damaged property

Answer 20

R v Steer (shot bullets through a window)

R v Webster (pushed stone onto train - endangerment must come from roof debris not the rock)

Question 21

Where damage is caused by fire, the risk to life will always be from the damaged property

Answer 21

R v Steer

Question 22

AR Arson

Answer 22

Damage or destruction by fire

Question 23

MR Arson

Answer 23

Intention or recklessness as to damage or destruction by fire

Question 24

Threats to destroy or damage property

Answer 24

s2 CDA 1971:
A person who without lawful excuse makes to another a threat, intending that the other would fear it would be carried out to destroy or damage property belonging to the other or a third party or to destroy or damage his own property in a way that he knows is likely to endanger the life of that other or third person.

Question 25

Possession with intent to destroy or damage

Answer 25

s3 CDA 1971:
A person who has anything in his custody or under his control intending without lawful excuse to use it or cause or permit another to use it to destroy or damage property belonging to some other person or to destroy or damage his own property or the user’s property in a way that he knows is likely to endanger the life of some other person.