Criminal Damage By Fire Flashcards
Where is this defined?
Under the Criminal Damage Act 1971
What does the actus reus include?
Destruction of property or damage by fire
Property
Belonging to Another
Endangering life
What does the mens rea include?
Intending and recklessly causing damage or destroying property and endangering life by fire
Cases for destruction of property or damage?
Jaggard V Dickinson- D smashed a window while trying to enter a house she thought to be her friends
Roe V Kingerlee- damage doesn’t have to be permanent
Where is property defined? What does it include?
S10 (1) CDA
Property of a tangible nature - money, wild creatures that have been tamed + kept in captivity
Does not include wild mushrooms, flowers, fruit or foliage growing wild on any land.
Case for property?
Booth V CPS- D jumped onto bonnet of a car causing damage - car is property
Where has belonging to another been defined?
S10 (2) CDA
Individuals who are in custody/control or have any proprietary right or interest or have a charge on the property - regarded as belonging to another
Case for Belonging to another?
R V Fiak- D had flooded prison cell by repeatedly flushing blanket down the toilet, blanket and the cell belonged to the prison itself
Where has Endangering life been defined?
S1 (2)(b) CDA
Intending or acting recklessly by the destruction or damage to endanger life
Case for Endangering life?
R V Sangha- D set fire to a flat which was unoccupied at the time, but squatters had often occupied - conviction was upheld as he acted recklessly in endangering life, due to a reasonable person for seeing the danger setting fire to an armchair and mattress inside of a flat would pose to life
Where has the mens Rea been defined?
S1(1) CDA
S1(2)(b) - endangering life
Cases for the mens rea?
R V G- D did not intend for the fire they lit on a newspaper to spread, however acted recklessly as their actions posed an obvious risk
R V Sangha- set fire to flat, acting recklessly as to whether life would be endangered
