Cases/ Statute For Chapt 2CD Flashcards
S1(3) CDA 1971
To destroy/ damage by fire
Samuels v Stubbs 1972
Meaning of damage
Case: “temporary derangement” of Policemans hat was damage. Guilty.
PoL: damage includes temporary impairment.
Statutory meaning of destroy /damage
Important for exam!!!!
None given- use case law
Use Hardman v Chief Constable of Avon and Somerset 1986 pavements damaged by water soluble paint.
- “damage doesn’t have to be irreparable and if it takes time and or money to restore this is an indication of damage
Guidance on damage
2
- Permanent change in quality/value
- Need not be irreversible- must take time effort or money to restore
Hardman v chief Constable of Avon and Somerset 1986
A (a juvenile) v R 1978
Meaning of damage
Case: spit on a Policemans raincoat not damage as easily wiped off
PoL: of no damage occurs then no liability for criminal damage can occur
S5(2) CDA 1971
Lawful excuse
S5(2)(a) consent or belief in consent
S5(2)(b) belief in need of immediate protection and the means adopted were reasonable
S10(2) CDA 1971
Relating to belonging to another
- custody/control
- any proprietary right/interest
- having a charge on it
Blake v DPP 1993
Lawful excuse (consent) s5(2)(a) CDA 1971
Case: vicar wrote on pillar of HoC, believing that God gave him permission.guilty.
PoL: belief that God would have consented is not a defence.
S1(1) CDA 1971
AR destroy or damage
AR property
AR belonging to another
MR intending/ being reckless as to damage/destruction of property belonging to another
Without lawful excuse
Denton 1982
Lawful excuse (consent) s5(2)(a) CDA 1971
Case: d set fire to mill, believing V wanted him to do it to make insurance claim. Not guilty.
PoL: D had a defence if d believes that v had or would have consented.
S1(2) CDA 1971
The aggravated offence
Intentionally or recklessly destroy or damage any property, whether belonging to D or another, intending by the destruction or damage to endanger the life of another or being reckless as to whether the life of another would be endangered
No need for life to actually be endangered
Wenton 2010- poss of danger to life must stem FROM the CD (ng)
Warwick 1995
Webster 1995
Smith 1974
Criminal damage . no Mens Rea
Case: D removed wiring that he had installed and that he thought was his in law. Not guilty as no MR
PoL: no liability fora honestly made mistake
Didn’t have the MR for intentionally damage or destroy as P based liability on intention rather than recklessness
Hill, Hall 1988
Lawful excuse(immediate protection): s5(2)(b) CDA 1971
Case: cut down RAF fences as believed this would lessen the have of a soviet missile strike. Hill admitted didn’t think an attavk was Imminent and so defence failed.
PoL: need for protection must be believed tone immediate.
Hunt 1977
S5(2))b) statutory defence
Case: D set fire to bedding in an old peoples home to draw attention to a defective fire alarm.
PoL: defence of “in order to protect property” did not apply.
Morphitis and Salmon 1990
Case: scratching a scaffolding pole isn’t damage, but removal of a scaffold bar would impair use and therefore be damage
PoL: the CD must impair usefulness or value
