Chapter 2- Criminal Damage Flashcards
Criminal damage offences under S1 criminal damage act 1971
Basic offence (intentional or reckless destruction of property belonging to another)
Aggravated offence - intentional or reckless destruction of property belonging to another or to endanger life or another
Arson offence- destroying damaging property by fire
Actus Reus of basic offence
Destroy or damage property belonging to another
Mens rea of basic offence
Intending or being reckless as to the damage or destruction of property
Damage NBs
Damage does not need to be irreparable (HARDMAN)
Indicator to damage may be the time or expenditure used to restore property to original condition (Samuels)
Damage may also come from impairment of use (MORPHITIS)
Can D be found guilty of mens rea if they believed they owned the property which damage was caused to?
Not if they were unaware the property was not theirs (SMITH)
Must be proved D realised property might belong to another and D foresaw risk that damage may occur
Test applied by a court to determine recklessness for criminal damage
G AND another D was aware of or foresaw risk of damage to destruction of property
Ways which aggravated offence differs from basic offence
Can be committed where D damages their own property
D must intend to be reckless as to the endangering of life
D must intend or be reckless as to the endangering of life by criminal damage (STEER)
V died as result of D shooting through window. V died because of window not bullet. Not aggravated offence
Will D be guilty is they had a lawful excuse for committing damage?
No.
Which two specific defences apply to only basic offence in regards to lawful excuse for criminal damage?
S5(2)(a) criminal damage act If D believed they had consent from the V for the criminal damage
S5(2)(b) criminal damage act if D believed the property was in immediate need for protection and that means of protection adopted were reasonable having regard to all circumstances
