Criminal Damage Offences

Question 1

What are the 5 requirements of the offence of criminal damage?

Answer 1

1. Without lawful excuse
2. Destroys/damages
3. Property
4. Belonging to another
5. With intent/recklessness

Question 2

Can criminal damage be committed against intangible property?

Answer 2

No - it must be against physical property

Question 3

Can D commit criminal damage against property they co-own with someone else?

Answer 3

Yes

Question 4

What are 3 possible defences to criminal damage?

Answer 4

1. Consent
2. Honestly believing owner would consent
3. Protecting D’s own property

Question 5

For Aggravated criminal damage, D must ______ to ______ life, or be ________ with regard to _________

Answer 5

intend, endanger, reckless, endangerment

Question 6

Can D commit aggravated criminal damage to their own exclusive property?

Answer 6

Yes

Question 7

Are consent, reasonable belief of consent, and protection defences applicable to aggravated criminal damage?

Answer 7

No

Question 8

What is arson and aggravated arson?

Answer 8

Arson = Criminal damage by fire
Aggravated arson = aggravated criminal damage by fire