Criminal Damages

Question 1

Relevant statutes for Criminal Damages

Answer 1

• Criminal Damages Act 1971

Question 2

Elements of Criminal Damage

Answer 2

• AR
• Damage
• property
• belonging to another
• MR
• Intended/recklessness to damage
• Intended (known)/ Recklessness as to property belonging to another.

Question 3

AR - Damage

Answer 3

• not defined in statute - ordinary meaning - Roe v Kingerlee
• undermining usability - Drake v DPP
• Reduction in value.
• Cost of repair - Hardman v Chief Constable of Avon and Somerset Constabulary.

Question 4

Property - S 10(1)

Answer 4

-Needs to be tangible items.
- Includes land.
-Intangible items cannot be damaged.
- doesn’t include wild plants.
- includes wild animals which have been tamed.

Question 5

belonging to another - S 10(2)

Answer 5

• having the custody or control of it
• proprietary right or interest in it.
• having a charge on it.

Question 6

MR

Answer 6

Intention;/recklessness damage - subjective test
o D must intend to damage the property
o Or foresee a risk that the property will be damaged.
- Seray-Wurie v DPP
Intention/recklessness property belong to another
- Smith - Where D doesn’t know or unable to foresee -> will be no liability for criminal damage.

Question 7

Defence - Criminal Damage

Answer 7

• Lawful Excuse - S5:
  s5(2)(a) - Belief in Consent
• believed owner would’ve consented ot the damage - Denton
  S5(2)(b) - Belief in Defence of Property
  1 - vested interest - must belong to someone else.
  2 - immediate needs - Hill and Hall
  3 - reasonableness methods - subjective test - DPP v Unsworth.
  S5(3) – assessed subjectively - Hunt - doesn’t matter if belief justified as long as honestly held.