Property offences - Criminal damage Flashcards

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1
Q

What is the AR and MR of basic criminal damage?

A

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

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2
Q

Burden of proof?

A

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.

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3
Q

What are the basic AR and MR for arson?

A

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.

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4
Q

How do we determine if a property was damaged?

A

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.
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5
Q

What do we mean by ‘lawful excuse’ in both basic criminal damage and arson?

A

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.
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6
Q

What is the AR and MR for aggravated criminal damage?

A

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.
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