Criminal Damage

Question 1

Hardman v Chief Constable of Avon and Somerset (riot, protest)

Answer 1

There was damage even though the paintings could be washed away by rain

Question 2

Destroy or damage

Answer 2

(temp/perm) (physical damage/impairment of value or usefulness)

Hardman v Chief Constable of Avon and Somerset
Morphitis v Salmon
R v Fiak

Question 3

Morphitis v Salmon (pole used as sign to signal blocked road)

Answer 3

Mere scratch to a scaffold pole was insufficient to amount for damage

Question 4

R v Fiak (destroy prison cell)

Answer 4

Temporary water damage to cloth can amount to damage, if work had to be applied to make the item usable again

Question 5

Property

Answer 5

R v Henderson and Batley

Question 6

R v Henderson and Batley (dump rubble on site, land damage)

Answer 6

Damage to land, land is tangible property

Damage to tangible property has to be proved in criminal damage

Question 7

Belonging to another
(theft vs criminal damage)

Answer 7

criminal damage = custody and control

theft = possession and control

Question 8

Without lawful excuse (basic criminal damage)

Answer 8

Lloyd v DPP

Question 9

Lloyd v DPP (car clamp)

Answer 9

It’s not enough for a defendant to believe their actions were reasonable to be a defense

What matters is whether there was an immediate and objective necessity—something urgent and serious that justifies their actions

Question 10

Sentencing (basic criminal damage)

Answer 10

value <= 5000 : summary only offence, max 3 months imprisonment
value > 5000 : triable-either way offence, max 10 years imprisonment (Crown Court)

Question 11

Basic criminal damage s1(1) AR

Answer 11

destroy or damage
property
belonging to another
without lawful excuse

Question 12

Basic criminal damage s1(1) MR

Answer 12

intention to destroy or damage property belonging to another, or recklessness as to whether such property is destroyed

Question 13

Arson s1(3) AR

Answer 13

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

Question 14

Arson s1(3) MR

Answer 14

intention to destroy or damage property belonging to another, or recklessness as to whether such property is destroyed

Question 15

Without lawful excuse (arson)

Answer 15

R v Denton

Question 16

R v Denton (fire, factory)

Answer 16

The defense of lawful excuse in applied in this case

Question 17

Sentencing (arson)

Answer 17

Triable-either way offence
Max 6 months imprisonment (Magistrates Court)
Max life imprisonment (Crown Court)

Question 18

Aggravated criminal damage s1(2) AR

Answer 18

destroy or damage
property
belonging to another

Question 19

Aggravated criminal damage s1(2) MR

Answer 19

intention to destroy or damage property belonging to another, or recklessness as to whether such property is destroyed

intention or recklessness as to endangering life by that damage

Question 20

intention or recklessness as to endangering life by that damage

Answer 20

R v Steer
R v Warwick

Question 21

R v Steer (shot business partner at victim’s house)

Answer 21

There was no intention or recklessness as to endangering life by that damage, as the danger came from the gunshots, not the damage done to the house through those shots

Question 22

R v Warwick

Answer 22

There was intention or recklessness as to endangering life by that damage from the brick being thrown at the windscreen of the police car

Question 23

Sentencing (aggravated criminal damage)

Answer 23

Indictable only offence
Max life imprisonment (Crown Court)

Question 24

these offences under what act?

Answer 24

Criminal Damage Act 1971

Question 25

Threats to destroy or damage property (s2) AR (first offence)

Answer 25

The defendant makes an unlawful threat to destroy or damage property belonging to another

Question 26

Threats to destroy or damage property (s2) AR (second offence)

Answer 26

The defendant makes a threat to damage their own or the user’s property in a way which they know is likely to endanger life

Question 27

Threats to destroy or damage property (s2) MR (for both offences)

Answer 27

An intention that the person threaten would feel fear that the threat would be carried out

Question 28

Possessing anything with intent to destroy or damage property (s3) AR (first offence)

Answer 28

Possession of an item to be used Destroy or damage property belonging to another person

Question 29

Possessing anything with intent to destroy or damage property (s3) AR (second offence)

Answer 29

Possession of an item to be used Destroy or damage his own or the user’s property which he knows is likely to endanger the life of another person

Question 30

Possessing anything with intent to destroy or damage property (s3) MR (for both offences)

Answer 30

An intention to use it to damage property

Question 31

Sentencing (s2 & s3)

Answer 31

Triable-either way offence Max 10 years imprisonment (Crown Court)