Topic 8 - Criminal Damage Flashcards
What are the four types of offenses covered in criminal damage law?
Simple criminal damage, arson, aggravated criminal damage, and aggravated arson.
What is the actus reus of simple criminal damage?
Damage or destruction of property (can be temporary or permanent).
What types of property are covered under simple criminal damage?
Real property, tangible personal property, and animals (if tamed or in captivity).
What is required for property to qualify as ‘belonging to another’ in simple criminal damage?
The property must belong to someone who has legal ownership, custody, control, or proprietary rights, including mortgage holders.
What are the two mens rea elements for simple criminal damage?
1) Intentional or reckless damage/destruction. 2) Knowledge or belief that the property belongs to another.
What is the difference between simple criminal damage and arson?
Arson is simple criminal damage but caused by fire.
What is the actus reus of arson?
Damage or destruction caused by fire.
How does lawful excuse work in criminal damage offenses?
Under Section 5, lawful excuse can be argued if the defendant has an honest belief that the person entitled to consent either had consented or would have consented, or that the property was in immediate need of protection, and the means used were reasonable.
Does intoxication affect lawful excuse under Section 5?
No, if the defendant’s belief is due to intoxication, it still counts as a lawful excuse (Jaggard and Dickinson case).
What is the difference between simple criminal damage and aggravated criminal damage?
Aggravated criminal damage does not require the property to belong to another and includes the additional mens rea of endangering the life of another through damage.
What is the actus reus of aggravated criminal damage?
Damage or destruction of property (without the need for it to belong to another).
What is the mens rea of aggravated criminal damage?
1) Intentional or reckless damage/destruction. 2) Intention or recklessness to endanger the life of another through the damage.
Does lawful excuse apply to aggravated criminal damage or aggravated arson?
No, Section 5 lawful excuse does not apply to aggravated criminal damage or aggravated arson.
How does aggravated arson differ from aggravated criminal damage?
Aggravated arson is the same as aggravated criminal damage, but the damage or destruction is caused by fire.
What defenses might apply to aggravated criminal damage or aggravated arson if Section 5 does not?
General defenses such as intoxication, self-defense, or prevention of crime may apply.
