Criminal Damage - Basic and Aggravated Flashcards
Hardman
defines damage
Gayford v Chouler
trampling on grass is criminal damage
Roe v Kingerlee
smearing mud is criminal damage
Samuel v Stubbs
jumping on a policeman’s helmet is criminal damage
R v A
whether spitting on clothing is criminal damage depends on whether it requires cleaning/can easily be wiped off
Fisher
removing parts from a machine so that it can no longer operate is criminal damage
Smith
If the property belongs to the defendant, or they honestly believe it does, they cannot be guilty of criminal damage
Jaggard v Dickenson/Denton
an honest belief that the owner has or would have consented to the damage is a lawful excuse
Blake/Hill & Hall
unsuccessful attempt at pleading a lawful excuse
Baker & Wilkins
a person does not qualify as property that can be protected for the purpose of criminal damage
Steer
the defendant must intend/be reckless that a person’s life may be endangered BY the damage caused
Sangha
It does not matter whether life was actually endangered for the purposes of aggravated criminal damage