Criminal Law - Criminal Damage Offences Flashcards
Criminal Damage
Intention or reckless destruction or damage or property belonging to another without lawful excuse
Damage
- Includes temporary loss of use
- Where effort or expense incurred in restoring property to its former state
Property
- Only tangible property: real property (land and buildings) as well as real property
- Includes animals if they are tamed / ordinarily kept in captivity
- Wild mushrooms, fruit, foliage, etc are excluded
- Must be property belonging to another
Belonging to another
- More than one person can have a proprietary interest (e.g. laptop owned jointly)
Unlawful
With no valid defence
Mens rea
Intention: aim or purpose to damage or destroy property
Recklessness: defendant aware of a risk and it is in the circumstances known to him unreasonable to take that risk (court will take into account whether there is any utility to the defendant’s actions)
Must know or believe that the item belongs to another
Defences to Criminal Damage
Two defences that apply only to basic criminal damage
- Honest belief that owner would consent to damage
- Honest belief that property in immediate need to protection
Subjective test
It is irrelevant whether the owner would have consented to damage or if the property was actually in need of protection, as long as the defendant held the honest belief
Aggravated Criminal Damage
- Requires all of the elements of basic criminal damage + intentional or reckless endangerment to life by damage caused to property
- Mens rea requirement not an additional part of actus reus, therefore no requirement for life to actually be endangered
- Can damage own property
- Defences that apply to basic criminal damage do not apply to aggravated criminal damage
Arson and Aggravated Arson
- Criminal damage by fire
- Aggravated criminal damage by fire
- Fire must cause the damage
