Criminal Damage Flashcards
(42 cards)
What is criminal damage?
Criminal damage is an offence that ranges from petty acts like graffiti to serious damage like that from riots.
Motives for criminal damage can include boredom, anger, or political reasons.
What is the maximum value of damage for most criminal damage offences to be dealt with in magistrates’ court?
Less than £5,000.
What is arson?
Criminal damage by fire, triable either way.
What are the aggravated criminal damage offences?
Offences where the defendant intended or was reckless as to endangering another’s life, and they are indictable only.
What sections of the Criminal Damage Act (CDA) 1971 cover criminal damage offences?
- Simple criminal damage – s 1(1)
- Aggravated criminal damage – s 1(2)
- Simple arson – s 1(3) and s 1(1)
- Aggravated arson – s 1(3) and s 1(2)
Define simple criminal damage according to s 1(1) of the CDA 1971.
A person who without lawful excuse destroys or damages property belonging to another intending to do so or being reckless as to whether such property would be destroyed or damaged.
What are the three elements of the actus reus of simple criminal damage?
- Damage or destruction
- Of property
- Belonging to another
What does ‘destroy or damage’ include in the context of criminal damage?
Physical harm, whether permanent or temporary, and impairment of the value or usefulness of property.
What case established that damage does not have to be extensive?
Roe v Kingerlee [1986] Crim LR 735.
What is the definition of property under the CDA 1971?
Property of tangible nature, including real property (land and buildings) and personal property (like money).
What types of animals are considered property under the CDA 1971?
- Tamed or ordinarily kept (pets, zoo animals)
- Reduced into possession (like a snared rabbit)
What section provides guidance on property belonging to another?
s 10(2) of the CDA 1971.
What is required for the mens rea of simple criminal damage?
- Intend to damage or destroy property or be reckless as to such damage or destruction
- Know that the property belongs to another or be reckless as to whether it does
What is the significance of the case R v G [2004] 1 AC 1034?
It established that the test for recklessness in criminal damage is subjective.
In R v Smith [1974] QB 354, why was the defendant’s conviction quashed?
He honestly believed the damaged property belonged to him, lacking the mens rea.
What are the two situations where a defendant has a lawful excuse under s 5 of the CDA 1971?
- Belief in consent
- Need of protection
What does belief in consent entail under s 5(2)(a)?
A defendant believes they had consent from the person entitled to give permission for the damage.
What example illustrates lawful excuse under belief in consent?
Farzana smashing a car window to retrieve her purse, believing her neighbor would consent.
What is the effect of intoxication on lawful excuse as seen in Jaggard v Dickinson [1980] All ER 716?
A defendant can rely on lawful excuse if they honestly believed they had consent, even if mistaken due to intoxication.
What is the second type of lawful excuse under s 5(2)(b)?
A defendant believes property is in immediate need of protection.
What is the requirement for a defendant to rely on lawful excuse for criminal damage?
The defendant must honestly believe they had a lawful excuse for their actions
This includes subjective tests regarding the belief in consent or protection of property.
Under what provision can a defendant claim lawful excuse if they believe property is in immediate need of protection?
s 5(2)(b) of the Criminal Damage Act 1971
This provision requires the defendant to honestly believe their means of protection were reasonable.
What are the two key beliefs a defendant must hold to claim lawful excuse under s 5(2)(b)?
- The property was in immediate need of protection
- The means adopted for protection were reasonable
What is the first step in determining if a defendant’s purpose was to protect property?
The court must confirm the accused honestly believed their action was protecting property (subjective test)
