Unit 7 Criminal Damage

Question 1

Simple criminal damage

Answer 1

AR = Destroy / damage, property, belonging to another

MR = intent / recklessness re. destruction /damage + knowledge / recklessness as to property ownership

Question 2

Simple Arson

Answer 2

AR = Destroy / damage, property, belonging to another, by fire

MR = Intent / recklessness re destruction / damage + knowledge r.e. property ownership

Question 3

Aggravated criminal damage

Answer 3

AR = Destroy / damage, property belonging to D or another

MR = Intent / recklessness re destruction / damage + intention / recklessness as to endangering life

Question 4

Aggravated Arson

Answer 4

AR = Destroy / damage, property, belonging to D or another, by fire

MR = Intent / recklessness re destruction / damage + intention / recklessness as to endangering life.

Question 5

“damage”

Answer 5

Where there is expense or effort required to remedy it, it counts as damage (even if its temporary, like spray paint).

Question 6

“knowledge / recklessness as to property belonging to another”

Answer 6

o D must at least suspect or foresee the risk that the property belongs to another.

o Making an honest mistake regarding whom the property belongs to will negate the MR

o (e.g., honestly mistaking a principle of civil law and assuming that the wiring D has installed into D’s flat actually belonged to D instead of D’s landlord

Question 7

What is the lawful excuse for criminal damage?

Answer 7

a) They believed they had the consent of the person who was entitled to give permission for the damage to be caused (for example, they thought they had permission from the owner of the property)

b) They believed they had the consent of the person who they thought was entitled to give permission for the damage to be caused (for example, they thought they had permission from someone whom they (wrongly) believed to be the owner of the property);

c) They believed they would have had the consent of the person entitled to give permission if that person had known of the damage and the circumstances; or

d) They believed they would have had the consent of the person who they thought was entitled to give permission if that person had known of the damage and the circumstances.