Criminal Damage Flashcards
(23 cards)
R v Webster
Recklessness to endanger life
R v Denton Facts
Set fire to a factory because the boss/owner hinted at doing so.
R v Dudley facts
Threw a fire bomb at the J family house under the influence of drugs and alcahol. Only trivial damage was caused
R v Sangha facts
The appellant set fire to a mattress in a block of flats. The flat was empty at the time and the flats were constructed in such a way as to prevent the spread of fire to neighbouring flats. Convicted of aggravated criminal damage ri
Hardman v Chief Constable Avon facts
The defendants had drawn silhouettes on the pavement in water soluble paints. The paint would have worn off after a few days wear but the council arranged to have the pavement cleaned.
Morphitis v Salmon Principle
Impairing the barriers useful prupose was enough to constitute criminal damage
Samuels v stubbs principle
Actions did not constitute damage
R v Hunt Facts
To show the fire alarm didn’t work made a fire and tried pulling the alarm which when didn’t work called the fire alarm, acted objectively to save the property
R v Steer Principle
Life endangerment should be by the bullets and not by the properrty damage
R v Smith principle
He believed the property belonged to him so didn’t posses the correct mens rea
R v Steer Facts
D fired at V, who life was endangered by the shooting not from the window that was broken
R v Denton principle
There was no requirement that the person entitled to consent was honest.
Morphitis v Salmon facts
The defendant took apart a barrier, leaving its undamaged pieces at the same location
R v Dudley principle
Lives were not actually endangered but this is irrelevant. It was D’s intention to endanger lives or D was reckless as to whether life was endangered
R v Smith facts
Installed electrical equipement to a house he rented, this became property of the land lord, when his tenancy finished he removed the wires causing damage,
R v Hunt principle
The damage caused by the accused must be (objectively) capable of protecting the property
A v R principle
The court held that spitting on a policeman’s coat was not criminal damage
Johnson v DPP Facts
Squatter in a council house damaged the door while fitting a lock,
Samuels v stubbs facts
The appellant trampled on a policeman’s cap. The cap could easily be pushed back into place.
Hardman v Chief Constable Avon Principle
Expense was incurred to put the pavement as it was previously, this constituted criminal damge
R v Whitely principle
Information does not fall within the realm of property
R v Sangha principle
His conviction was upheld. There was no requirement that life should in fact be endangered under s.1(2), if a passerby saw this it would still endager is life
Johnson v DPP principle
Conviction was upheld and defence didn’t work as his hosue wansn’t in immediate danger
