Revision Book Flashcards
What are the four main offences under the criminal damage act 1971?
Simple criminal damage
Aggravated criminal damage
Arson
Aggravated arson
What type of offence is criminal damage?
A statutory offence under the criminal damage act 1971.
What is the AR and MR of criminal damage?
S1(1) of the criminal damage act 1971 says it is destruction/damage of property belonging to another without lawful excuse, with the intention to destroy/damage or being reckless as to the destruction or damage.
What is the meaning of destroy or damage?
It is not defined in the act. Property is not rendered damaged unless it is rendered imperfect or inoperative (A v R). It will be damaged if effort and expense was required to put it right (Hardman) or where it’s usefulness or value has been impaired (Flak).
What is the definition of property with regards to criminal damage?
Includes real property such as land and buildings but excludes intangible property.
Is it an offence to damage your own property?
No for simple criminal damage but it is for aggravated criminal damage.
What does belonging to another mean?
S10(2) of the criminal damage act 1971 says it belongs to any person having control of it, any proprietary interest, or having a charge on it.
What is the MR of simple criminal damage?
Intention or reckless as to destroying or damaging property. It is a subjective test (R v G) so D is only reckless if he foresees or recognises a risk and goes on to take it anyway.
What are the facts in the case of Pembliton?
A man threw a stone at a person, missed and hit a window. He is not liable for criminal damage. Simply intending the act that leads to the damage is not enough.
What is a lawful excuse for destroying property?
S5 criminal damage act 1971 says a person shall have a lawful excuse if he believes he has consent or he believes he is protecting property.
What is said with regards to consent for damaging property?
S5(3) says it must be an honestly held belief that the owner would consent to the damage, not what is reasonable (Jaggard v Dickinson).
What are the requirements for protection of property?
There must be an immediate threat to property
The steps taken must be reasonable
The property must be damaged or destroyed in order to protect it
What is the test for determining protection of property?
2 staged from Hill and Hall:
What the D in their own mind thought
Could it be said on those facts believed by the D that what she did could protect the property and that she thought it was in need of immediate protection.
What is aggravated criminal damage?
S1(2) of criminal damage act 1971 says it is the destruction or damage of property belonging to himself or another with the intention or reckless as to the destruction or damage and intending to endanger life in the destruction or damage.
What are the facts of Steer?
He fired a shot at the windows of a house causing damage. No one inside was hurt. It must be the damage to the property that endangers the life not the means by which the property was destroyed.
