CRIMINAL DAMAGE OFFENCES Flashcards
CRIMINAL DAMAGE
Definition
A defendant commits criminal damage if they, without lawful
excuse, destroy or damage property belonging to another intending to do so or being reckless as to whether that property is destroyed or damaged.
Actus Reus
Damage should be given its normal meaning. However, it can include situations where damage is slight or can be repaired easily. Usually, the damage will impair the usefulness or value of the item or will involve efort or expense to repair.
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a.Property Must Be Physical; Wild Plants and Fungi Excluded
Damage can be caused only to physical property. Thus, dam-age to things such as copyrights and bank accounts are not included in this crime. Wild plants and fungi are specifcally excluded as well.
b.Property Can Include Co-Owned Property
A person cannot be guilty of criminal damage of their own
property. However, if property is owned by the defendant and another together, the defendant can commit the ofence of criminal damage.
Mens Rea
The defendant must** intend** to destroy or damage the prop-
erty or be reckless as to whether the item will be damaged.
Also, the defendant must** know or believe** that the item belongs to another.
Specifc Defences
A defendant will have a defence to criminal damage if they believe:
*That the owner did or would have consented to the damage; or
*That the property is in immediate need of protection, and that the means of protection adopted are reasonable having regard to all the circumstances.
AGGRAVATED CRIMINAL DAMAGE
Aggravated criminal damage mirrors the basic ofence, sub-ject to three key diferences:
*The property damaged can belong to the defendant or to
someone else;
*There is an additional mens rea requirement that the de-
fendant must intend or be reckless as to the endangerment of life by the damage caused to the property; and
*The specifc defences listed above do not apply.
Note that life need not actually be endangered.
ARSON
Arson is** criminal damage by fre,** and aggravated arson is
aggravated criminal damage by fre. All the above elements of criminal damage or aggravated damage must be satisfed, and the fre must cause the damage. If property is simply damaged by smoke and not fre, the ofence will be one of criminal damage and not arson.
