Criminal Damage

Question 1

Simple Criminal damage - what is the AR and MR? ONLY TANGIBLE THINGS. ONLY THINGS THAT D KNOWS IS SOMEONE ELSES.

Answer 1

AR:
D damages or destroys property belonging to someone else without a lawful excuse.
Damage must impair the use of the property or will need to be repaired to be used or simply enjoyed.

Belonging to someone else = they own it, has beneficial interest or a charge over it.

MR:
Intention or recklessness in damaging or destroying property belonging to someone else. Aka they don’t care what happens to the property because it is not theirs. If D destroys property honestly believing it is their own, it is not criminal damage.

Question 2

What are the 2 defences used against simple criminal damage?

Answer 2

1. That V would have consented or did consent. D had an honest, genuine belief of this.
2. D did it to protect other property (either belonging to themself or someone else) and it will be assessed if the amount of damage done was appropriate to do the protecting and whether it was objectively capable of protecting the other property. Does not have to be absolutely reasonable. D miust have been honest.

Genuine honest belief.

Question 3

What is the AR and MR of aggravated criminal damage? APPLIES TO D’S OWN PROPERTY.

Answer 3

AR:
Destroy or damage property.

MR:
Intention or recklessness in damaging or destroying property belonging to someone else or own property and possibility that LIFE WILL BE ENDANGERED, actual endangerment is not necessary but the possibility is enough AS A RESULT OF THE DAMAGE.

The mens rea of aggravated criminal damage is intending or being reckless as to damaging or destroying property plus intending or being reckless as to endangering the life of another by that damage.

Question 4

What defences can be used for aggravated criminal damage?

Answer 4

Self-defence. Consent.

Question 5

What is the AR and MR of Arson?

Answer 5

Simple arson AR: Damage/ destruction of a property belonging to another.
Simple arson MR: Intention/ recklessness in destroying or damaging a property via FIRE.

Aggravated arson AR: Damage/ destruction of a property belonging to another OR D’s OWN PROPERTY.
Aggravated arson MR: Intention/ recklessness in endangering life as a result of destroying or damaging a property via FIRE.