Criminal Damage Flashcards
Lawful Excuse (3)
- Believe they own the property (even if it is wrongly held)
- Believe owner would have had consent of the person if they knew the full facts (i.e if a child gets head stuck in the railings)
- In order to protect property in need of immediate protection (needing to gain entry in a flat above yours to turn off a tap that was faulty & water was leaking through causing damage to your property)
Property (3)
- Tangible
- Real or personal property
- Real refers to land and things forming part of the land (i.e. depositing petrol over farmland will constitute damage)
- Wild 4F’s cannot be damaged nor can wild animals
Belonging to another (4)
- Having custody or control of it
- Having a proprietary right or interest
- Having a charge of it
- Having a proprietary right or charge could be wider than the owner and include anyone who has an interest or responsibility
Intention
- Transferred Malice is applicable – it does not matter if the property damaged is not the property intended i.e. throwing a stone at a neighbour’s window but hits the car of a different neighbour
- ‘Not true’ transfer Malice – intending to assault but causes damage to a window
Reckless
- An act which created an obvious risk that property would be destroyed or damaged. Being aware that there was some risk involved nevertheless goes on to commit the act.
- Should reasonably foresee that there is a risk and carried on anyway
- Self-induced intoxication through either drink or drugs will NOT be a defence to a charge of criminal damage. It will be reckless.
Arson - S3
- At least some of the damage caused must have been damaged by the fire
- Smoke damage would not be Arson but Criminal Damage
- To prove, there must be an intent or an element of recklessness in relation to the use of fire.
- i.e. burning a pile of logs in the garden but was far too big and gets out of control and burns the neighbour’s fence.
Damage endangering another’s life S1(2) Criminal Damage Act 1971 (Inditement Only: Life)
- Without lawful excuse
- destroys or damages any property belonging to himself or another,
- intending to destroy/damage any property,
- or being reckless as to whether any property would be destroyed/damaged.
- AND Intending by the destruction/damage:
- To endanger life of another, or being reckless as to whether the life of another would thereby be endangered
- i.e. Insurance fraud/cutting break pipes/throwing bricks over the bridge of a busy road onto cars
‘Lawful Excuse’
- Lawful excuse does not apply to this offence
‘property’
- Can belong to person, 3rd party or self
‘reckless’
- To do an act which created an obvious risk that harm would be done and,
- When he/she did the act recognised there was some risk involved, and nevertheless continued
- Offence can be completed even if no-one’s life is endangered. It is sufficient that that was the intention.
Threats to destroy or damage property S2 Criminal Damage Act 1971 E/W: Max 10yrs.
Threats to destroy or damage property S2 Criminal Damage Act 1971 E/W: Max 10yrs.
Without lawful excuse makes a threat intending the other to fear it would be carried out
A) To destroy/damage any property belonging to that other or a third person, OR
B) To destroy/damage their property in a way which they know it likely to endanger the life of that other or a third person
‘Intends’
- Offender must have the intention to make the other person fear
- Not on whether the person thought that it would happen
‘‘Threats’
- May be oral or written
- May be made to the person whose property is to be damaged, or
- To another person
‘Property’
- Someone else’s
- Offenders but only if the threats of damage would be likely to endanger life
‘Lawful excuse’
- Same meaning as in simple Criminal Damage
- If threat to life is involved, then there can be no lawful excuse
Having articles to destroy or damage property S3 Criminal Damage Act 1971
Has anything in their custody or 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 their own or the user’s property in a way which they know is likely to endanger the life of some other person
- I.E receive info re petrol bombs in a garage and suspect that the people who own the garage will use them to throw at the town hall during a visit of a politician
‘Anything’ – literally means anything at all, no need to show that it is made or adapted to cause damage.
INTENTION is the crucial part.
‘Custody or control’ – wider terms that possession.
Can include items at the offender’s home that may be some distance away If the person intended or allow another to use it to cause criminal damage.
- Needs to know that is there
Racially or religiously agg offence S30 of the Crime and Disorder Act 1998
- Person is guilty of an aggravated offence if they commit an offence under S1(1) of the Criminal Damage Act 1971 which is racially or religiously aggravated.
- S28 of the Crime and Disorder Act 1998: Motivated by ‘racial or religious hostility’
- Racial or religious hostility was demonstrated.
- Racial group – defined by race/colour or nationality
- Religious group – persons defined by ref by religious belief or lack or
- Or association to group
