Property offences - Criminal damage

Question 1

What is the AR and MR of basic criminal damage?

Answer 1

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

Question 2

Burden of proof?

Answer 2

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.

Question 3

What are the basic AR and MR for arson?

Answer 3

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.

Question 4

How do we determine if a property was damaged?

Answer 4

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.

Question 5

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

Answer 5

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.

Question 6

What is the AR and MR for aggravated criminal damage?

Answer 6

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.