Criminal Damage

Question 1

what are the criminal damage crimes?

Answer 1

o Simple criminal damage s1(1)
o Aggravated criminal damage s1(2)
o Simple arson s1(3) & s1(1)
o Aggravated arson s1(3) & s1(2)

Question 2

re: simple criminal damage

what is the AR?

Answer 2

• Destroy or damage property belonging to another without lawful excuse

Question 3

re: simple criminal damage

explain ‘destroy / damage’

Answer 3

temporary or permanent physical harm & impairment of value/usefulness of the property

damage will usually be done if there is expense to rectify the consequence

Question 4

re: simple criminal damage

what is ‘property’?

Answer 4

criminal damage can only be done to property defined under s10(1), i.e.;

• tangible items inc: land, buildings and personal property (physical money would be included but not cash in a bank account)
• animals which have been tamed or have/are being reduced into possession (this means criminal damage can’t be committed against wild animals)

Question 5

re: simple criminal damage

explain ‘belonging to another’

Answer 5

• A person cannot commit criminal damage against their own property

Question 6

re: simple criminal damage

when will property ‘belong to another’? give an example.

Answer 6

Property belongs to a person who either:
o Has legal ownership;
o Custody or control;
o A proprietary right or interest; or
o A charge (i.e. if a person kicks a door of their house, there will not be criminal damage, but if the property is subject to a mortgage or rent it, then there will be)

Question 7

re: simple criminal damage

what is the MR?

Answer 7

• Intention or recklessness as to the destruction or damage of property belonging to another AND knowledge or belief that the property belongs to another

Question 8

re: simple criminal damage

explain recklessness

Answer 8

Subjective test i.e. D is judged on the basis of their own state of mind

Did that particular D foresee the unjustified risk of criminal damage and go on to take it?

Question 9

re: simple criminal damage

explain ‘Knows or Believes Property Belongs to Another’

Answer 9

• Subjective test
• D is judged on the basis of their honest belief

Question 10

re: simple criminal damage & arson

explain ‘without lawful excuse’

Answer 10

this is part of the AR, but is a defence for D.

There are two defences:
o Belief in consent
o Protection of property

NB: this does not apply to aggravated criminal damage

Question 11

re: simple criminal damage & arson

explain ‘belief in consent’

Answer 11

• D will not be guilty if they had an honest belief that the person entitled to consent to the damage or destruction had or would have consented
• This is subjective
• Even if D was intoxicated, they may be able to rely on this. It is about what D honeslty believed at that time.

Question 12

re: simple criminal damage & arson

explain ‘need of protection’

Answer 12

• The defence relies on D proving that they believed the property was in need of immediate protection and the means they adopted were reasonable in all the circumstances

This can be broken down into three parts:
o Was D’s real purpose the protection of their own or another’s property? (subjective & objective)
o Did D honestly believe the property was in need of immediate protection? (subjective)
o Did D honestly believe that the damage was reasonable in the circumstances? (subjective)

Question 13

re: simple criminal damage & arson

explain ‘Was D’s real purpose the protection of their own or another’s property?’

Answer 13

this is a two stage process:
1) Subjective test  D honestly believed their action was protecting or was capable of protecting property
2) Objective test  the court will rule as a matter or law whether this amounts to protecting property
o i.e. they will look at how remote the action is from the aim of protecting the property

Question 14

re: arson

what is the AR?

Answer 14

destroy or damage property belonging to another without lawful excuse with fire

Question 15

re: arson

what is the MR?

Answer 15

intention or recklessness as to the destruction or damage of property belonging to another AND knowledge or belief that the property belongs to another

(NB: same as simple criminal damage)

Question 16

re: aggravated criminal damage

what is the AR?

Answer 16

to destroy or damage propery belonging to self or another

Question 17

re: aggravated criminal damage

what is the MR?

Answer 17

intention or recklessness as to the destruction or damage of property AND as to the endangerment of life

Question 18

re: aggravated criminal damage & arson

what is the key difference between the AR for this and simple criminal damage?

Answer 18

simple > property must belong to another

aggravated > property can belong to self or another and lawful excuse does not apply

Question 19

re: aggravated criminal damage

what is the MR?

Answer 19

• Intention or recklessness as to the destruction or damage of property AND as to the endangerment of life

Question 20

re: aggravated criminal damage

explain the MR

Answer 20

The endangerment of life must arise from the damage, and not the act that caused the damage

i.e. in the context of arson, the endangerment to life must come from the falling ceilings rather than the smoke and fire itself

Question 21

re: aggravated criminal damage

what is the AR?

Answer 21

to destroy or damage propery belonging to self or another by fire

Question 22

re: aggravated criminal damage

what is the MR?

Answer 22

intention or recklessness as to the destruction or damage of property AND as to the endangerment of life