GDL - Criminal Damage

Question 1

max. sentence for basic criminal damage

Answer 1

10 years imprisonment

Question 2

Does criminal damage have to be permanent?

Answer 2

No, can be permanent or temporary impairment of value or usefulness

Question 3

Mens rea for basic criminal damage

Answer 3

intention or recklessness as to the destruction or damage of property belonging to another

Question 4

“intention” for basic criminal damage

Answer 4

whether, at the time that D committed the actus reus, it was the defendant’s aim or purpose to destroy or damage the property belonging to another

Question 5

Lawful excuse defences for basic criminal damage and basic arson

Answer 5

S 5(2)(a): The defendant believes the owner would have consented to the damage
S 5(2)(b): the defendant acts to protect their or another’s property

Question 6

Can you use the lawful excuse defence if you committed criminal damage to protect a person?

Answer 6

No, you must be acting to protect yours or another’s property

Question 7

The CDA 1971, s 5(2)(b) defence

Answer 7

4 requirements:
1. R v Baker & Wilkins: The defendant must act to protect property.

2. the defendant must believe that the property was in immediate need of protection (subjective)
3. the defendant must believe that the means of protection adopted are reasonable (subjective)
4. R v Hunt: the damage caused by the defendant must be (objectively) capable of protecting the property

Question 8

To use the lawful excuse defence, the damage caused by the defendant must be

Answer 8

(objectively) capable of protecting the property

Question 9

the defendant must believe that the need to protect the property is

Answer 9

immediate

Question 10

Mens rea of aggravated criminal damage / arson

Answer 10

Intention or recklessness as to the destruction or damage of property (by fire) AND intention or recklessness as to the endangerment of life by the damage or destruction (by fire)

Question 11

Does life have to be actually endangered for aggravated criminal damage?

Answer 11

No, the issue is whether the accused intended or was reckless as to whether life might have been endangered

Question 12

Danger to life must arise from the

Answer 12

damaged property

Question 13

To which offences do the lawful excuse defences within the Criminal Damage Act 1971 section 5(2) potentially apply?

Answer 13

Basic criminal damage and basic arson (NOT aggravated)