Criminal damage

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  • Created by: azdw
  • Created on: 11-01-16 17:22
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  • Criminal damage
    • Criminal Damage Act 1971
      • S 1 (1)  simple criminal damage
        • max penalty 10 yrs
        • a person is guilty of criminal damage if they intentionally or recklessly destroy or damage property belonging to another without lawful excuse
          • AR -
            • destroy or damage
            • property
              • Defined in S10(1)
                • property is defined as tangible -
                • money is also included
            • belonging to another
              • S10(2) provides that property will be regarded as belonging to another having
                • a) custody or control of it
                • b) a proprietary right or interest in it
                • c) a charge on it
          • MR-
            • intention
              • if D believes property belongs to them there is no liability - R v Smith
            • recklessness
              • subjective test - R v G&R
                • a person acts recklessly with respect to        i) a circumstance when he is aware of a risk that it exists or will exist          ii) a result when he is aware of a risk that it will occur, and it is unreasonable to take that risk
      • S 1 (2) aggravated criminal damage
        • Max penatly life
        • is where property has been destroyed or damaged with the aggravating factor that life is endangered by the destruction or damage to that property
        • AR -
          • destroy or damage
          • property
          • belonging to himself or another
          • endangering life
        • MR-
          • the defendant must intend or be reckless as to the destroying or damaging of property and
          • intend or to be reckless as to the endangerment of life
      • S 1 (3) criminal damage by arson
        • Max penatly life
        • where the destruction or damage, under either s1(1) or s1(2) arises through fire, the defendant will also be liable under criminal damage by arson


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