Criminal damage and arson Flashcards
In which act are criminal damage and arson defined in?
The Criminal Damage Act 1971
What are the four offences under the CDA 1971 and what sections are the defined in?
S1(1) The basic offence of CD
S1(2) Aggravated offence of CD
S1(1) and (3) Basic offence of arson
S1(2) and (3) Aggravated offence of arson
What does S1(1) CDA 1971 say?
That D will be guilty if he, without lawful excuse, destroys or damages property belonging to another intending or being reckless as to whether such property would be destroyed or damaged
What does A v R say in terms of damage/destroy?
That if property requires time/effort to return to it’s original state then it has been damaged
What does Morphitis v Salmon say in terms of damage/destroy?
That property has been destroyed if the type, purpose or usefulness have been removed
Which section defines property?
S10(1)
What does S10(1) define property as?
Personal, real, money, tamed animals and carcasses
What does S10(1)(b) say that property does NOT include?
Mushrooms, flowers, fruit and plants growing wild
Which section sets out ‘belonging to another’?
S10(2)
How does S10(2) define ‘belonging to another’?
Having custody or control of PP
Having a proprietary right/interest in PP
Which section sets out the lawful excuses?
S5(2)
What does S5(2)(a) say?
That D will be acquitted of the offence if he believes that the owner would have consented to the damage
Give a case example for S5(2)(a)
Denton
What does S5(2)(b) say?
That D will be acquitted of the offence if he believes other property is at risk and in need of immediate protection and what D did was reasonable in the circs to protect it
Give a case example for S5(2)(b)
Cresswell
What is the MR for CD?
Intention or recklessness as to destroy or damage property belonging to another
Which case is used for recklessness for CD?
R v G and R
What are the differences of the aggravated offence to the basic offence?
Discretionary life sentence
Property can belong to D
Additional MR
S5(2) lawful excuses not available
What is the additional MR for the aggravated offence?
Intention/recklessness as to endanger life of another by the destruction/damage
What does Sangha say in terms of D’s intention/recklessness as to endanger life?
That another person’s life does not actually need to be endangered as long as D had intention or was reckless as to endanger life
What does Steer say in terms of ‘by the damage/destruction of property’?
That the intention/recklessness as to endanger life must come from damage to the property and not from D’s act which causes the damage
What does S1(3) say?
That destroying property by fire shall be charged as arson (all of the requirements of S1(1) and (2) will still apply)
What does Miller say?
That arson can be carried out via an omission
