The Requirements For Liability In Criminal Damage Flashcards
Define the offence of basic criminal liability
S1(1) Criminal Damage Act 1971 (CDA 1971) provides that the actus reus of the offence is destroying or damaging property belonging to another.
Explain the actus reus and mens rea requirements of basic criminal liability
The actus reus is the damaging or destroying property belonging to another.
The mens rea is the intention or recklessness of the offence.
A (a juvenile) v R [1978]
Define the offence of aggravated criminal damage
Aggravated criminal damage is the destroying or damaging of any property intending to endanger the life of another or being reckless as to whether the life if another would be thereby endangered. S1(2) Criminal Damage Act 1971
Explain the actus reus and mens rea requirements of aggravated criminal damage
The actus reus of the offence is the damaging or destroying property.
The mens rea of the offence is the intention or recklessness of the defendant. Steer [1987]
Explain the requirements of the defence of lawful excuse
Under s5(2)(a) of the Criminal Damage Act 1971, the defendant has a lawful excuse where they believe the property is in need of immediate protection, and they believe they are adopting a reasonable means of protection in the circumstances. Hill and Hall [1988]
Explain the meaning of arson
Under s1(3) of the Criminal Damage Act 1971, arson is the destroying or damaging of property by fire. This does not constitute a separate offence, but merely refers to either basic or aggravated criminal damage being committed by fire. Hunt [1977]
