Criminal damage and arson

Question 1

In which act are criminal damage and arson defined in?

Answer 1

The Criminal Damage Act 1971

Question 2

What are the four offences under the CDA 1971 and what sections are the defined in?

Answer 2

S1(1) The basic offence of CD
S1(2) Aggravated offence of CD
S1(1) and (3) Basic offence of arson
S1(2) and (3) Aggravated offence of arson

Question 3

What does S1(1) CDA 1971 say?

Answer 3

That D will be guilty if he, without lawful excuse, destroys or damages property belonging to another intending or being reckless as to whether such property would be destroyed or damaged

Question 4

What does A v R say in terms of damage/destroy?

Answer 4

That if property requires time/effort to return to it’s original state then it has been damaged

Question 5

What does Morphitis v Salmon say in terms of damage/destroy?

Answer 5

That property has been destroyed if the type, purpose or usefulness have been removed

Question 6

Which section defines property?

Answer 6

S10(1)

Question 7

What does S10(1) define property as?

Answer 7

Personal, real, money, tamed animals and carcasses

Question 8

What does S10(1)(b) say that property does NOT include?

Answer 8

Mushrooms, flowers, fruit and plants growing wild

Question 9

Which section sets out ‘belonging to another’?

Answer 9

S10(2)

Question 10

How does S10(2) define ‘belonging to another’?

Answer 10

Having custody or control of PP

Having a proprietary right/interest in PP

Question 11

Which section sets out the lawful excuses?

Answer 11

S5(2)

Question 12

What does S5(2)(a) say?

Answer 12

That D will be acquitted of the offence if he believes that the owner would have consented to the damage

Question 13

Give a case example for S5(2)(a)

Answer 13

Denton

Question 14

What does S5(2)(b) say?

Answer 14

That D will be acquitted of the offence if he believes other property is at risk and in need of immediate protection and what D did was reasonable in the circs to protect it

Question 15

Give a case example for S5(2)(b)

Answer 15

Cresswell

Question 16

What is the MR for CD?

Answer 16

Intention or recklessness as to destroy or damage property belonging to another

Question 17

Which case is used for recklessness for CD?

Answer 17

R v G and R

Question 18

What are the differences of the aggravated offence to the basic offence?

Answer 18

Discretionary life sentence
Property can belong to D
Additional MR
S5(2) lawful excuses not available

Question 19

What is the additional MR for the aggravated offence?

Answer 19

Intention/recklessness as to endanger life of another by the destruction/damage

Question 20

What does Sangha say in terms of D’s intention/recklessness as to endanger life?

Answer 20

That another person’s life does not actually need to be endangered as long as D had intention or was reckless as to endanger life

Question 21

What does Steer say in terms of ‘by the damage/destruction of property’?

Answer 21

That the intention/recklessness as to endanger life must come from damage to the property and not from D’s act which causes the damage

Question 22

What does S1(3) say?

Answer 22

That destroying property by fire shall be charged as arson (all of the requirements of S1(1) and (2) will still apply)

Question 23

What does Miller say?

Answer 23

That arson can be carried out via an omission