Criminal Damage Offences

Question 1

If you put soluable paint on a pavement that washes off, is it criminal damage?

Answer 1

Yes

Question 2

Can you damage wild berries growing on someone’s land?

Answer 2

No - growing wild means no offence

Question 3

What is subjective recklessness?

Answer 3

They are subjectively aware (foresee the risk) of the consequence but they go ahead and take the risk anyway.

Question 4

If you shoot through a window, can you commit aggravated criminal damage?

Answer 4

No - glass will not kill someone.

Question 5

Can you threaten to damage your own property?

Answer 5

Yes if the threat carried out would endanger someone else’s life

Question 6

What if i keep items to damage property in a lock up just in case the need arises?

Answer 6

Guilty -

Question 7

what is the legal age to buy aerosol cans?

Answer 7

16

Question 8

If i contaminate goods, what must i intend?

Answer 8

Public alarm or anxiety
Injury to the public
Economic loss

Question 9

If I threaten to contaminate goods, what must i intend?

Answer 9

Public alarm or anxiety
Economic loss

NOT injury like the actual contamination offence.

Question 10

What if i contaminate milk but put it in the cereal area?

Answer 10

No offence as it needs to have been placed near to goods where they are sold, supplied, consumed or used.

Question 11

What are the two ways scrap dealers can buy metal?

Answer 11

It must be cheque or electronic bank transfer only

Question 12

For contamination of goods offences, is it an offence if someone contaminated goods for a joke?

Answer 12

No they must intend to cause public alarm or distress, injury or economic loss.

Under s. 38 of the Public Order Act 1986, it is necessary to prove that a person contaminated or interfered with goods, or made it appear that goods have been contaminated or interfered with, or threatened or claimed to have done so. However, the person must have done so “with the intention” of causing public alarm or anxiety, or of causing injury to members of the public consuming or using the goods, or of causing economic loss to any person by reason of the goods being shunned by members of the public, or of causing economic loss to any person by reason of steps taken to avoid such alarm or anxiety, injury or loss. Therefore, even though DENNIS in the circumstances may have contaminated goods, and even caused economic loss, he did not do so with the required intention and cannot be guilty of this offence.

Question 13

If I damage the sofa that I jointly bought with Lucy do I commit criminal damage?

Answer 13

One result is that if a person damages his/her own property, he/she may still commit the offence of simple criminal damage if that property also ‘belongs to’ someone else;

Question 14

Can you get a racially aggravated aggravated criminal damage?

Answer 14

No you can only get racially aggravated simple criminal damage

Question 15

Can criminal damage be dealt with by FPN?

Answer 15

Yes - if the property is valued at under £300

Question 16

What makes criminal damage summary?

Answer 16

value below £5000

Question 17

Can you damage wild creatures?

Answer 17

Same as theft - only if they have been tamed, are ordinarily kept in captivity, reduced into possession or in the course of being reduced into possession.

Question 18

What is the difference between theft and criminal damage with regards to property?

Answer 18

Identical apart from land can be damaged and not stolen.

For example digging up a garden = criminal damage.

Question 19

Euan gets dumped by Kayleigh. I buy a knife and keep it in my garage just in case Euan asks me to go and slash her tyres. Am i guilty of having articles with the intent to destroy or damage property?

Answer 19

Yes - having an article ‘just in case’ is sufficient.

Question 20

Under what circumstances can we issue penalty and removal notices for graffiti?

Answer 20

An authorised officer from the LA believes that a person in their relevant area has committed an offence of…

Painting/writing/defacing a property, highway structure or displaying adverts/posters

Unless it is aggravated.

Question 21

When can the local authority also issue a defacement removal notice?

Answer 21

They may issue a notice if property has been defaced by graffiti and it is detrimental to the amenity of the area or is offensive. Then the LA may also serve a defacement notice.

Not if it is aggravated.

Question 22

Who can issue graffiti penalty notices?

Answer 22

Constable
PCSO
Accredited employees

Question 23

I overhear two Tesco employees joking that they have contaminated the milk. Are they guilty of threatening to contaminate?

Answer 23

No - they must intend public alarm or anxiety or economic loss.

Question 24

A group of protesters damage a military perimeter fence and claim the defence of lawful excuse as they want to stop the army from committing war crimes. Can they claim this defence?

Answer 24

It has been held that it does not cover international law and circumstances they could use it on their own initiative when not defending their own property is limited.

Question 25

A neighbour erects a fence on his land but I can’t access my house using a path. I can access it another way. I knock it down. Can i rely on the defence of protecting my property in need of immediate protection??

Answer 25

It has been held yes.

Question 26

I smash a window and then throw a can of petrol inside followed by a flame. It does not ignite and i run off. Could i be convicted of aggravated criminal damage?

Answer 26

No because it is not the act of criminal damage (smashed window) that has endangered life.

Question 27

Must it be food that is contaminated?

Answer 27

No it is natural and manufactured goods.

Question 28

Can you damage a flower that has been cared for and is not growing wild?

Answer 28

Yes

Question 29

Is it racially aggravated if you graffiti go home travellers?

Answer 29

No - additional proof required

Question 30

What is the important age for aerosol paint?

Answer 30

16

Under any circumstances - illegal or not.

Question 31

If a 17 year old wants to buy aerosol paint for an art project, can they?

Answer 31

Yes it is only under 16’s regardless of what they want to use it for.

Question 32

Authorised officers must have rgs or RGB to issue a penalty notice?

Answer 32

RGB that a person has committed a relevant offence

Question 33

I know that an authorised person must have RGB that a suspect must have committed a relevant offence for an authorised person to issue a penalty notice under section 43 of the anti-social behaviour act in relation to graffiti. What relevant offences do they cover?

Answer 33

Section 1 criminal damage - painting, writing, soiling, marking or defecting of any property by whatever means

Painting or affixing things on structures on the highway and obliteration

Affixing posters and displaying advertisements

Defacement of streets with slogans

** does not include racially aggravated offences **

Question 34

Under what circumstances can a local authority serve a defacement removal notice?

Answer 34

Where an area (street/building or surface of land occupied/controlled by a school) been defaced by graffiti and it is detrimental to the amenity of the area or is offensive

Question 35

What if the damage is really minor?

Answer 35

If it is too minor and trivial = no criminal damage.

Question 36

Is spitting on a police jacket, criminal damage?

Answer 36

No - too trivial.

Question 37

If i am on a night out and smash my neighbour’s house in the honest held belief that it was my own, is it criminal damage?

Answer 37

No

It is a honestly held belief. A drunken belief can still be honestly held.

Question 38

What is the important thing to remember about criminal damage and drunk people?

Answer 38

A drunken belief can still be honestly held.

Question 39

Is there a defence of protection of property open to aggravated criminal damage?

Answer 39

No only simple damage.

Question 40

If i cut the brakes on a car, even though the damage is minor, is it aggravated?

Answer 40

Yes

Question 41

What are the sentences for criminal damage offences?

Answer 41

Criminal damage, threats and possessing articles are all 10 years.

Racially aggravated criminal damage - 14 years.

Question 42

Is it an offence to possess contaminated materials?

Answer 42

Yes only with a view to do an offence of contaminating etc.

If they have just been contaminated and you do not intend to use them = no offence.