Criminal Damage

Question 1

s1(1) Criminal Damage Act 1971

Answer 1

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 any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of this offence.

Question 2

s1(1) Criminal Damage Act 1971
A person who without ___ excuse ____ or _____ any ____ belonging to ____ ____ to destroy or ____ any such property or being ____ as to whether any such property would be ____ or damaged shall be guilty of this offence.

Answer 2

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 any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of this offence.

Question 3

s1(1) Criminal Damage includes

Answer 3

• grafitti
• broken property
• only another’s property

Question 4

s1(2) Aggravated Damage

Answer 4

s1(2) Aggravated Damage
“Endangers the life of another”
Anyone who without lawful excuse destroys or damages ANY property (theirs or another’s)
a) intending to destroy/damage or being reckless as to whether that would happen
AND
b)intending by the destruction or damage to endanger another’s life or being reckless as to whether that would happen

Question 5

s1(2) Aggravated Damage - Does life have to be endangered?

Answer 5

No

Question 6

s1(3) Arson

Answer 6

s1(3) Arson

An offence committed by destroying or damaging property by fire shall be charged as arson

Question 7

s1(2) Aggravated Damage
“____ the life of another”
Anyone who without ___ ____ destroys or damages ____ property (theirs or another’s)
a) ___ to destroy/damage or being ___ as to whether that would happen
AND
b) intending by the destruction or damage to ____ another’s ____ or being ____ as to whether that would happen

Answer 7

s1(2) Aggravated Damage
“Endangers the life of another”
Anyone who without lawful excuse destroys or damages ANY property (theirs or another’s)
a) intending to destroy/damage or being reckless as to whether that would happen
AND
b)intending by the destruction or damage to endanger another’s life or being reckless as to whether that would happen

Question 8

Aggravated Arson

Answer 8

As with arson and criminal damage, reckless or intentional destruction by fire with intent or recklessness as to whether life would be endangered

Question 9

s2 Criminal Damage Act

Answer 9

s2 Criminal Damage Act
Threat to cause criminal damage
Anyone who without lawful excuse makes a threat to another, intending the other would fear it would be carried out a) to destroy/damage property belonging to B or another; or b) to destroy or damage A’s own property in a way A knows is likely to endanger B or another’s life; shall be guilty.

Question 10

s2 Criminal Damage Act
“____ to cause ___ ____”
Anyone who without ___ ____ makes a ____ to another, intending the other would ____ it would be carried out a) to destroy/damage ____ belonging to B or ____; or b) to ___ or ____ A’s own property in a way A ____ is likely to ____ B or another’s life; shall be guilty.

Answer 10

s2 Criminal Damage Act
Threat to cause criminal damage
Anyone who without lawful excuse makes a threat to another, intending the other would fear it would be carried out a) to destroy/damage property belonging to B or another; or b) to destroy or damage A’s own property in a way A knows is likely to endanger B or another’s life; shall be guilty.

Question 11

s2 CDA points to prove

Answer 11

• Suspect made a threat

- Suspect intended for victim to believe threat

Question 12

Conditions of s2 CDA

Answer 12

Suspect doesn’t need to intend to carry it out

Victim doesn’t need to believe threat

Question 13

s3 Criminal Damage Act

Answer 13

s3 Criminal Damage Act
“possessing an article w intent to cause Criminal Damage”
A person who has anything in their custody/control intending without lawful excuse to use it or cause or permit another to use it to a) destroy/damage any property belonging to another; or b) destroy/damage their own or user’s property in a way they know is likely to endanger someone’s life; is guilty of an offence.

Question 14

s3 Criminal Damage Act
“____ an ____ w ____ to cause ____ Damage”
A person who has ____ in their ____/control intending without lawful excuse to use it or ____ or _____ another to use it to a) destroy/damage any _____ belonging to ____; or b) destroy/damage their ____ or user’s _____ in a way they know is likely to _____ someone’s _____; is guilty of an offence.

Answer 14

s3 Criminal Damage Act
“possessing an article w intent to cause Criminal Damage”
A person who has anything in their custody/control intending without lawful excuse to use it or cause or permit another to use it to a) destroy/damage any property belonging to another; or b) destroy/damage their own or user’s property in a way they know is likely to endanger someone’s life; is guilty of an offence.

Question 15

How else can s1(1) criminal damage be aggravated?

Answer 15

Religious or racial aggravation

Question 16

Defences of Criminal damage (not aggravated)

Answer 16

• Suspect believed they would have been/were given permission (event if fraudulent)
• Protection was immediately needed and the method was reasonable in the circumstances