Criminal Damage and Arson Flashcards
What is the AR of Simple Criminal Damage?
According to s.1(1) Criminal Damage Act 1971:
1) Destroys or damages
2) Property
3) Belonging to another
What is the definition of ‘destroys or damages’?
According to Roe v Kingerlee courts apply a common sense approach; matter of fact and degree
Which case stated that damage need not be extensive?
Hardman; courts consider whether there has been any expense in restoration.
What is the definition of ‘property’?
According to s.10(1) Criminal Damage Act 1971 it is anything tangible, real or personal
What is the definition of ‘belonging to another’?
According to s.10(2) Criminal Damage Act 1971 it is if that person has custody, control, a proprietary right, interest or a charge on it.
What is the MR of Simple Criminal Damage?
1) Intention or recklessness to destroy or damage property
2) D knows or is reckless as to whether the property belongs to another
Which case states D will not be liable if honestly believed property belonged to himself?
R v Smith: D built a conservatory, by law it was the property of the landlord but this was not known to D; believed as he had purchased panels he had a right to damage them
What is the defence of lawful excuse?
According to s.5(2) of Criminal Damages Act 1971 D will not be liable if there is either permission or the act was done to protect the property
What is the definition of ‘permission’?
According to s.5(2)(a) of Criminal Damages Act 1971 it is if D believed he had/ would have had consent from the person who was capable of giving permission / person D believed was capable of giving permission
Which case states fraudulent permission is still a valid defence?
R v Denton: D set fire to employers machines; employer had previously ‘hinted’ that burning the machines would be beneficial - this was a lie.
What is the definition of ‘protection’?
According to s.5(2)(b) of the Criminal Damages Act 1971 it is if D believed the property (his own or others) was in immediate need of protection; and D believed the means of protection were reasonable having regard to the circumstances.
Which case successfully used the defence of lawful excuse even when D was voluntarily intoxicated?
Jaggard v Dickinson: D broke window to get into a house she thought belonged to her friend; she correctly believed that her friend would consent therefore s5(2)(a) CDA would have applied; however, broke the wrong window because she was drunk
What is the AR of Aggravated Criminal Damage?
According to s.1(2) of the Criminal Damage Act 1971:
1) Destroys or damages
2) Property
What is the MR of Aggravated Criminal Damage?
1) Intention or recklessness to destroy or damage property
2) Intention or Recklessness as to endangering life of another by the damage
Which case states that life does not have to be endangered to fulfil MR of Aggravated Criminal Damage?
R v Dudley: D set fire to property intending to endanger lives although none were at risk.
