basic offence

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  • Basic Offence of Criminal Damage
    • Basic offence for criminal damage is set out in S1 Criminal Damage Act 1971
    • 'A person without lawful excuse destroys or damages any property belonging to another intending to damage or destroy or being reckless as to whether the property will be destroyed or damaged.'
    • Actus Reus
      • Destroy or Damage
        • This is not defined in the act, however old cases ruled that even slight damage was sufficient to prove damage
          • Gayford V Chouler = trampling grass was held to be criminal damage
        • Damage
          • The word damage is now covered by a wide range of situations shown by cases
            • Roe V Kingerlee
              • Defendant smeared mud  of police walls, this was held to be damage even though it can be cleaned off
          • If there are no cost or effort involved in cleaning up, and property can still be used there will be no offence
            • A Juvenile V R
              • D spat on policemansunfiorm, this was held not to be damage as it could be wiped off with little effort
          • Non-Permanent damage comes under the definition of damage, if it will cost, money, time or effort to remove then it is damage
            • Hardman V Chief Constable 1986
              • Painting silhouettes on pavement, council removed paints with water jets. Defendant argued damage was only temporary & paintings would of been removed by the rain and there was no need for council to use water jets, court held this was damage
        • Destroy
          • Destroy is a much stronger word than damage meaning when the property has been made useless
      • Property
        • Property is defined in S10   of the Criminal Damage Act 1971
        • Property means property of a tangible nature
          • Personal Property = furniture, clothing cars
          • Real Property = land
            • Land is property but can't be stolen
            • Intangible property cannot be damaged but can be stolen
          • For criminal damage property does not include mushrooms growing wild or wild plants
      • Belonging to another
        • Belonging to another is set out in S10 (2)
        • Property is treated as belonging to any person having....
          • Control of it or Custody
          • Have the Right/Interesr
          • Having Charge of it
          • Smith
          • Cant be guilty if the property he damages or destroys is his own
    • Mens Rea
      • Defendant must destroy or damage property with intention or be reckless
        • Recklessnes
          • A person is reckless if they did an act which created a risk property would be destroyed
            • Defendant had not given any thought to the possibility of there being any risk
              • Gemmell & Richards
                • Defendant can only be found guilty if they realised the risk of damage
            • Defendant had recognised there was some risk but decided to take the risk
          • Caldwell
      • Defendant must intend to destroy/  damage property belonging to another
        • Pemblinton = NO
        • Stray-White = Intended to do damage
    • Without Lawful Excuse
      • The act defines two lawful excuse
      • defendant honestly believed that
        • The owner would of consented to the damage
        • Property was at risk and in need of protection so what the defendant did was reasonable in all circumstances
        • Denton
          • Convictionwas quashed, as defendant believed owner would have consentedthe damage
      • Intoxicated Mistake
        • A defence can be made even when the defendant makes a mistake when intoxicated
        • Jaggard V Dickinson
          • Conviction quashed, a belief can be honest even if its caused by intoxication
          • If the defendant has another purpose in doing the damage then the defence is not available to him
            • Hunt
              • This act was not done in order to protect property which was in need of immediate protection

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