Criminal Damage

Question 1

What year is the legislation of Criminal Damage

Answer 1

1971

Question 2

What is section 1 Criminal Damage Act

Answer 2

A person who without lawful excuse destroys or damages any property belonging to antother
Intending to destroy or damage such property or being reckless as to whether any such property would be destroyed orndamehd shall be guilty of an offence
Section 1 criminal damage act 1971

Question 3

What is section 2 Criminal Damage Act

Answer 3

A person who without lawful excuse makes to another a threat, intending that that other would fear it would be carried out,—
(A) To destroy or damage any property belonging to that other or a third person; or
(B) To destroy or damage his own property in a way which he knows is likely to endanger the life of that other or third person;

Question 4

Section 3 Criminal Damage Act

Answer 4

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—

(a) to destroy or damage any property belonging to some other person; or
(b) to destroy or damage his own or the user’s property in a way which he knows is likely to endanger the life of some other person;

Question 5

Section 1 (2)

Answer 5

A person who without lawful excuse destroys or damages any property, whether belonging to himself or another—

(a) intending to destroy or damage any property or being reckless as to whether any property would be destroyed or damaged; and
(b) intending by the destruction or damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered;

Question 6

Section 1 (3)

Answer 6

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

Question 7

What is meant by the Latin term “Mens Rea

Answer 7

Guilty Minds

Question 8

What is “being reckless”

Answer 8

Step 1 – The defendant is subjectively aware of the risk – they foresee the risk – of the consequences either destruction or damage being caused E.G. They have internally registered the risk
Step 2 – They nevertheless go ahead unreasonably take the risk anyway

Question 9

Describe the defence of consent in relation to Criminal Damage.

Answer 9

Answer: It is a defence if AT THE TIME of the act, the person causing the damage or destruction honestly believed that either:
A person entitled to give consent had done so
OR
The person who could have consented to the damage taking place would have consented if they knew of the circumstances.

Question 10

Give an example of a defence around consent in relation to Criminal Damage.

Answer 10

Answer: A Police Officer is asked by a motorist to help them get into their partners car after locking the keys inside. During the attempt the rubber window surround gets damaged. The officer would have statutory defence to a later charge of criminal damage by the owner. The key element here would be:
The consent of someone whom it was believed to be entitled to consent to that damage and the circumstances under which the damage was caused.

Question 11

. Describe the defence of protection in relation to Criminal Damage.

Answer 11

It is a defence to either:
Damage or destroy property provided that at the time of the act they believe that both:
The property was in IMMEDIATE need of protection
AND
The means used were reasonable in the circumstances.

Question 12

. Give an example of a defence around protection in relation to Criminal Damage.

Answer 12

: You live in a block of flats. Water comes rushing down your walls from your neighbours flat upstairs. The neighbour has left a tap running however is on holidays for 2 weeks and has not left a spare key with anyone. You would be protected by the protection defence if you damaged the front door to gain entry as you did so in order to protect property belonging to yourself and another (your neighbour). Both properties were in immediate need of protection. The means were reasonable in the circumstances as there was no spare key available and access could only be gained by breaking the door.

Question 13

In relation to property describe what is meant by the term “destroyed” and give examples of how property can be destroyed.

Answer 13

Property which has been destroyed will usually be rendered unusable or incapable of being repaired thus needs to be replaced.
Examples of destroying property could include, breaking up a machine, burning down a building or tearing up a document.

Question 14

In relation to property describe what is meant by the term “damaged” and give examples of how property can be damaged

Answer 14

: Damage has a much wider meaning. It can mean that the property has been harmed, made less useful, made less valuable, made unworkable or defaced such as by graffiti. The damage caused DOES NOT have to be permanent.
Examples of damaging property could include:
A street artist using water soluble paints to paint on a pavement.
Smearing graffiti with mud.
Flooding a cell by stuffing a blanket into a toilet and repeatedly flushing.

Question 15

What is meant by “belonging to another”?

Answer 15

Property belongs to the person who has:

a. The custody or control of it
b. Any proprietary right or interest
c. A charge on it

Question 16

. Is it possible to damage your own property?

Answer 16

: it is possible to damage your own property if at the same time it belongs to someone else.
Example: A person sets fire to his own house which is subject to a mortgage can still be charged with the offence as the mortgage company will have a proprietary right or interest in the property

Question 17

How would you describe that a person has acted recklessly

Answer 17

The defendant is subjectively aware of the risk i.e they foresee the risk of the consequence of either destruction or damage being caused however nevertheless the go ahead and unreasonably take the risk anyway.

Question 18

How would the police prove that a person acted recklessly?

Answer 18

The police must prove that there is an obvious risk to property
AND
The defendant gave no thought to there being a risk
OR
The defendant recognised there was a risk but went on to do it anyway.

Question 19

What is Aggravated Criminal Damage?

Answer 19

Aggravated criminal damage is where property has been destroyed or damaged with the aggravating factor that life is endangered by the destruction or damage to the property.

Question 20

Give an example of aggravated criminal damage

Answer 20

A jealous husband cuts the brake pipe of his rivals car. No harm may actually come to the intended victim, however the potential for harm exists.

Question 21

What is Arson?

Answer 21

Damage or destruction of property caused by fire.

Question 22

There are 5 things to consider when deciding if a person has committed the offence of possessing anything with intent to destroy or damage property or endanger life. What are they?

Answer 22

1. Was the item in the persons custody or control?
2. Did they intend to use it, or allow another to use it, to cause damage to property?
3. Did the property belong to another?
4. Did they have no lawful excuse?
5. If the property belonged to themselves, or the user, did they intend to use it, or cause or permit another to use it, in a way which they knew was likely to endanger the life of another?