Criminal Damage

Question 1

Elements of Criminal Damage under s1(1) Criminal Damage Act 1971

Answer 1

There is property - s10(1) CDA 1971
That belongs to another - s10(2) CDA 1971
D’s Conduct destroys or damages property
D does not have a lawful excuse
D intends or is reckless to destroy/damage property

Question 2

Maximum sentence for Criminal Damage

Answer 2

Imprisonment up to 10 years

s4 CDA 1971

Question 3

Actus reus of Criminal Damage

Answer 3

D without lawful excuse destroys or damages property belonging to another

Question 4

Which statute deals with defences for the basic offence of Criminal Damage

Answer 4

s5(2) CDA 1971

Question 5

Mens rea of Criminal Damage

Answer 5

D intended to destroy or damage property belonging to another or be reckless

Question 6

Two cases of Criminal Damage

Answer 6

Gayford [1898]

Damage need not be permanent

Roe v Kingerlee [1986]

There must be an expense to repair

Question 7

What is aggravated Criminal Damage under s1 (2) Criminal Damage Act 1971

Answer 7

A person without lawful excuse destroys or damages property whether belonging to him or another with the intent to endanger life of another

Question 8

Two cases of recklessness Criminal Damage

Answer 8

G and Another [2003]

Objective recklessness

Cunningham [1957]

Subjective recklessness

Question 9

Statute which deals with aggravated criminal damage by fire

Answer 9

s1(3) CDA 1971

Actus reus and mens rea same as basic offence but with fire