Property offences - Criminal damage Flashcards
What is the AR and MR of basic criminal damage?
Actus reus:
Destroy or damage property (tangible) belonging to another, without lawful excuse.
(either in custody/control, proprietary right/interest or having a charge on it.)
Mens rea:
Intention or recklessness as to the damage or destruction of property belonging to another
Burden of proof?
The prosecution must prove that:
a) at the time of committing the actus
reus, the accused was subjectively aware of a risk; and
b) in the circumstances known to the
accused, it was objectively unreasonable for the accused to take that risk.
What are the basic AR and MR for arson?
Arson is criminal damage by fire:
Actus reus:
Destroy or damage property by fire belonging to another, without lawful excuse.
Mens rea:
Intention or recklessness as to the damage or destruction of property belonging to another by fre.
How do we determine if a property was damaged?
Question of fact and degree:
- It is unnecessary to render the property useless,
- It need not be permanent. It is relevant that time, effort and money is spent in restoring the property.
- It includes permanent or temporary impairment of value or usefulness.
What do we mean by ‘lawful excuse’ in both basic criminal damage and arson?
There are two lawful excuse defences in section 5(2) CDA 1971:
- section 5(2)(a): where the defendant believes that the owner would have consented to the damage;
(the defendant’s belief need not be reasonable but needs to be honest)
and
- section 5(2)(b): where the defendant acts to protect their or another’s property
- believing the property was in immediate need of protection (subjective).
- believing the means were reasonable.
- the damage must be objectively capable of protecting the property.
What is the AR and MR for aggravated criminal damage?
a) Actus reus
* Destroy or damage (by fire)
* Property (s 10(1)) which can belong to the defendant or another
b)Mens rea
* 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):
- No life need actually be endangered,
- The damage intended or the damage D was reckless to is the issue, as
opposed to the amount of actual damage caused. - Danger to life must arise from the damaged property, not the means of
damaging it.