Criminal Law 3 - Criminal Damage

Question 1

What are the elements that make up a basic criminal damage offence?

Answer 1

Actus Reus:
- destroy or damage
- property
- belonging to another
- without lawful excuse

Mens Rea:
- intention
- recklessness

Question 2

What are the cases for basic criminal damage offence?

Answer 2

• graffiti
• mud on police cell walls
• shoved blanket down toilet
• spitting on police man’s jacket not enough

Question 3

What are the lawful excuse defences to basic criminal damage offence?

Answer 3

• D believes that the owner would have consented
• D acts to protect property

Question 4

Lawful excuse defences to basic criminal damage offence - what is required for consent?

Answer 4

• D’s belief
• need not be reasonable but must be honestly held
• a drunken belief is still a belief

(D thought V had asked him to burn the factory down)

Question 5

Lawful excuse defences to basic criminal damage offence - what is required for acting to protect property?

Answer 5

• D acts protect their or another’s property (not people)
• D believes that the property is in immediate need of protection
• D believes that the means of protection adopted are reasonable
• the damage caused by D was OBJECTIVELY capable of protecting the property

Question 6

Lawful excuse defences to basic criminal damage offence - what cases are there for acting to protect property?

Answer 6

• Squatter damaged door whilst fixing locks - risk not immediate
• started a fire to prove fire alarm didn’t work - not objectively capable of protection
• nuclear protester to protect her property - too remote

Question 7

What are the elements that make up a basic arson offence?

Answer 7

Actus Reus:
- destroy or damage BY FIRE
- property
- belonging to another
- without lawful excuse

Mens Rea:
- intention
- recklessness
BY FIRE

Question 8

What are the elements that make up an aggravated criminal damage offence?

Answer 8

Actus Reus:
- destroy or damage (by fire if arson)
- property belonging to another
- without lawful excuse

Mens Rea:
- intention
- recklessness
To
- destruction/damage
AND
- endangerment of life by the damage or destruction

NOTE: doesn’t actually need harm to person to apply, just risk (burning bedroom)

Question 9

What case shows aggravated criminal damage offence?

Answer 9

• Set fire to flat even though no-one near by - still reckless as to endangerment of life
• D through a fire bomb at a house causing minor damage - mens rea attached to damage intended not damage that occurred.
• D shot at window - risk came from bullets not damage to house