Simple criminal damage + arson

Question 1

what is the AR for simple criminal damage?

Answer 1

destroy or damage property belonging to another without lawful excuse

Question 2

what is the AR for simple arson?

Answer 2

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

Question 3

who can simple criminal damage / simple arson be committed against?

Answer 3

the AR provides that the property must belong to another i.e. they cannot commit criminal damage against their own property

Question 4

what is the MR for simple criminal damage?

Answer 4

intention or recklessness to destroy/damage + belief (subjective) the property belongs to another

Question 5

what is the MR for simple arson?

Answer 5

intention or recklessness to destroy/damage + belief (subjective) the property belongs to another

Question 6

briefly, explain ‘without lawful excuse’

Answer 6

this is part of the AR but can be used as a defence for D

it includes:
1) belief in consent; and
2) protection

Question 7

explain when belief in consent might serve as a defence

Answer 7

D honestly believed owner would have consented.

this is subjective. Could be relied on if intoxicated.

Question 8

explain when protection might serve as a defence (inc. the elements)

Answer 8

D believed property required immediate protection & they took reasonable steps in the circumstances

Subjective = Did D honestly believe their action was protecting property capable of doing so?

Objective = court will decide whether it did amount to protecting property (i.e. remoteness)