Criminal Law - Criminal Damage and Arson (9)

Question 1

What is criminal damage and arson?

Answer 1

Criminal Damage: Criminal damage refers to a number of offences under the Criminal Damage Act 1971.

Question 2

What is simple criminal damage?

Answer 2

Simple Criminal Damage: The destruction or damage of property belonging to another without lawful excuse, with intention or recklessness as to that damage (s1(1) CDA).

Actus Reus
Actus Reus: a) Damage or destruction; b) of property; c) belonging to another; d) without lawful excuse.

(1) Damage or Destruction: Given its ordinary dictionary definition. Value/utility is impaired, or expense/effort to repair.
Extent of Damage: Damage need not be extensive, but must be more than trivial.
Sufficient: Use of chalk (Hardman v Chief Constable); trampling of grass (Gayford v Chouler).
Insufficient: Spitting on something is generally not sufficient (A v R).
Determination: This is a matter of common sense (Roe v Kingerlee).

(2) Property: Any property of a tangible nature, including pets and garden flowers (s10(1)).
Exception: Wild plants and fungi are excluded (s10(1)(b)).

(3) Belonging to Another: The property must partially belong to another (s10(1)).
‘Belonging’: Belonging means the other person has: a) control or custody of it; b) a proprietary right or interest in it; or c) a charge over it.
Joint Ownership: Property can be jointly owned by the defendant and criminally damaged.

Lawful Excuse
Lawful Excuse: Though part of the Actus Reus, ‘lawful excuse’ acts as a quasi-defence to criminal damage.
Lawful Excuses: Defendants have a lawful excuse if they: a) had an honest belief in the owner’s consent; or b) believed the property was in immediate need of protection, but inadvertently damaged it.

(1) Honest Belief in Consent: The defendant honestly believed the person entitled to consent to the destruction or damage had consented, or would have consented in knowledge of the circumstances (s5(2)(a)).
Intoxicated Mistake: This excuse may be relief upon even owing to intoxication (Jaggard v Dickinson).
Belief: Belief need not be reasonable, so long as it was honestly held (R v Denton).

(2) Need for Protection: The defendant attempted to protect the property (objective), believing it was in immediate need of protection (subjective), and such measures were reasonable (subjective) (s5(2)(b)).
Belief: Belief need not be reasonable, so long as it was honestly held (R v Denton).

(3) Other Defences: Self-defence or prevention of crime may operate as a lawful excuse.

Mens Rea
Mens Rea: a) Intention or recklessness to destroy or damage property; b) with knowledge or belief that the property belonged to another.

(1) Intention/Recklessness to Damage: Defendants must intend, or be reckless, to damage or destroy the property. This is a subjective test (R v G).

(2) Knowledge/Belief in Ownership: Defendants must know or believe the property belongs to another. The MR will not be met if there was an honest belief that the property was their own (R v Smith).

Question 3

What is arson?

Answer 3

Arson: Arson simply means simple criminal damage caused by fire (s1(3)).
Smoke: Damage by smoke alone is not arson.

Question 4

What is aggravated criminal damage?

Answer 4

Aggravated Criminal Damage: The destruction or damage of property without lawful excuse, with intention or recklessness as to that damage, and intention or recklessness to endanger life of another through said damage (s1(2) CDA).

Actus Reus
Actus Reus: a) Damage or destruction; b) of property; c) without lawful excuse. This is mostly the same as SCD.

(1) Property: Property may belong to the defendant, it need not ‘belong to another’ (s10(1)).

(2) Lawful Excuse: The statutory excuses do not suffice, though common law defences might.

Mens Rea
Mens Rea: a) Intention or recklessness to destroy or damage property; and b) intention or recklessness to endanger life of another through the damage.

(1) Damage or Destruction: The same as for SCD.

(2) Endangering Life: The defendant must intend or be reckless to endangering life of another through the damage caused.
Danger: Life need not be in danger, so long as MR is satisfied (R v Dudley).
Of Another: Endangerment of one’s own life is not sufficient (R v Thakar).
Through Damage: The damage itself must present danger to life, i.e. shooting at someone through a window is not sufficient, as the damage is not the risk to life (R v Steer).

Question 5

What is aggravated arson?

Answer 5

Aggravated Arson: Aggravated arson simply means aggravated criminal damage caused by fire (s1(4)).