PROPERTY OFFENCES

Question 1

What is the definition of criminal damage?

Answer 1

A person who without lawful excuse damages or destroys any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence. - s1(1) CDA 1971

Question 2

What is the actus reus for criminal damage?

Answer 2

destroy or damage, property, belonging to another

Question 3

What constitutes destroying?

Answer 3

property ceasing to exist

Question 4

What constitutes damage?

Answer 4

• injury/mischief/harm (Samuels v Stubbs)
• if time/effort/money is needed in restoring the property (Hardman v Chief Constable of Avon)
• If it can be simply wiped away it will not be damaged (A v R)
• even if damage is temporary (Fiak)

Question 5

What constitutes property?

Answer 5

s10(1) CDA 1971:

• tangible real or personal (including money)
• including wild creatures which have been tamed/ kept in captivity
• not including mushrooms/ flowers/ plants growing wild on any land
• not including information (R v Whitely)

Question 6

What constitutes ‘belonging to another’?

Answer 6

s10(2) CDA 1971:

• person having custody or control of it
• person having a proprietary right or interest
• person having a charge on it
• property can belong to more than one person

Question 7

What is the mens rea for basic criminal damage?

Answer 7

Intention or recklessness

Question 8

What are some lawful excuses for basic criminal damage/ basic arson?

Answer 8

• section 5(2)(a): operates where the defendant believes that the owner would have consented to the damage
• section 5(2)(b): operates where the defendant acts to protect their or another’s property.

Question 9

Does the belief need to be reasonably held for a s5(2)(a) defence?

Answer 9

No - the defendant’s belief need not be reasonable. It is only necessary for it to be honestly held. (s5(3)

Question 10

Will a s5(2)(a) defence fail if the mistaken belief was due to voluntary intoxication?

Answer 10

The test is subjective, doesnt matter if the reasonable belief was held by intoxication

Question 11

What are the 4 requirements for a section 5(2)(b) defence?

Answer 11

1. R v Baker & Wilkins-The defendant must act to protect property.
2. Section 5(2)(b)(i)- The defendant must believe that the property was in immediate need of protection (subjective test, sees 5(3)).
3. Section 5(2)(b)(ii)- The defendant must believe that the means of protection adopted are reasonable (subjective test, sees 5(3)).
4. R v Hunt- The damage caused by the defendant must be (objectively) capable of protecting the property.

Question 12

What is the actus reus of aggravated criminal damage/ aggravated arson?

Answer 12

s1(2)/ s1(3)
destroy or damage (by fire)
Property s10(1)

Question 13

What is the mens rea of aggravated criminal damage/ aggravated arson?

Answer 13

• Section 1(2)(a)- Intention or recklessness as to the destruction or damage of property (by fire).
• Section 1(2)(b)- Intention or recklessness as to the endangerment of life by the damage or destruction (by fire).

Question 14

Does the persons life have to actually be endangered?

Answer 14

No - there needs to be intention or reckless as to whether life might have been endangered