Criminal Law 5 - Property

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 elements that make up a basic arson offence?

Answer 3

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

Mens Rea:
- intention
- recklessness
BY FIRE

Question 4

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

Answer 4

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)