Criminal Damage Act 1971

Question 1

AR of BCD

Answer 1

S.1 (1)

Destroys or damages
Property
Belonging to another

Question 2

What’s is the definition of destroy or damage?

Answer 2

Destroy means when property has been made useless, even if it is not completely destroyed.

Temporary cessation of its function - Samuels v. Stubbs

If damage is likely to happen due to nature of property, there’s no CD - Morphititis v. Salmon

Question 3

What’s key idea in case of Hardman?

Answer 3

Time and money had to go into cleaning images away, classes as CD

Question 4

Explain S.10 of the act

Answer 4

Property:

Real - housing, buildings, fields
Personal - phone, clothes, car

Includes everything except: wild flowers, fruit, and animals

Question 5

What does belonging to another include under S.10 (2)

Answer 5

1) any person giving custody or control over it
2) any person having any proprietary right or interest
3) any person having a charge

Question 6

What is the MR of BCD?

Answer 6

D must do damage either intentionally or recklessly and without lawful excuse

Question 7

What is DI?

Answer 7

D must intend to destroy or damage property belonging to another - Pembliton

If there’s a genuine belief that the property is his own there’s no MR, as in Smith

Question 8

What is recklessness?

Answer 8

Based on case of R v. G and R

1. Did the D realise the risk that the property would be destroyed or damaged due to his actions?
2. The D realised this and decided to continue regardless?

The D can only be guilty if he realised the risk of the damage

Question 9

Where is Lawful Excuse found?

Answer 9

S.5

Question 10

What are the lawful excuses?

Answer 10

2 excuses:

1) the owner would have consented to the damage
2) other property was at risk and in need of immediate protection and what he did was reasonable in the circumstances

Question 11

Cases for LAWFUL EXCUSE:

Answer 11

Jaggard v. Dickinson - wrong house, consent to break window

Hunt - set fire to bedding, not allowed, no immediate protection needed

Cresswell v. Currie - wild animal not property, so wasn’t protecting property by destroying traps

Question 12

Where is ACD found?

Answer 12

S.1 (2) CD Act 1971

Question 13

Requirements of ACD

Answer 13

Same as BCD, added element of endangering life

Question 14

Define endangering life

Answer 14

“Intending by the destruction of damage to endanger life of another or being reckless as to whether the life of another would thereby endangered”

Question 15

Does danger to life have to come from the damage done to property?

Answer 15

Yes, established in Steer.

Steer - fired shots at door and Windows, appealed against ACD because the damage to window and door were not endangering life

Question 16

Does life necessarily have to be endangered?

Answer 16

Life doesn’t have to be endangered

Sangha - decided using objective test so it would be whether the D realised that life might be endangered. If he did he would be guilty, even if there’s no actual risk

Question 17

MR of ACD

Answer 17

1) intention or recklessness as to destroy or damage property
2) intention or recklessness as to whether life is endangered by the destruction or damage