Criminal Damage Act
- Created by: Scragg
- Created on: 06-05-16 12:04
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- Criminal Damage
- Criminal Damage S1(1)
- Damage and Destroy
- Roe v Kingerly
- Damage and destroy are a matter of fact or degree
- has to cost time, money and effort to repair
- Hardman
- Blake v DPP
- Fiak
- Roe v Kingerly
- Property S10(1)
- Tangible nature, whether real and personal, including money and
- (a) tamed wild animals
- (b) Foraging doesnt count
- Tangible nature, whether real and personal, including money and
- Belonging to Another S10(2)
- If the have custody or control over it
- Having any proprietary right or interest
- Having a charge on it
- Mens Rea
- Intend or be reckless as to do the damage
- Intent to do the damage
- Pembilton
- Seray -White
- Must intend to damage property belonging to another
- Smith
- Recklesness
- G and R
- Damage and Destroy
- Aggravated Criminal Damage s1(2)(b)
- Intending by the destruction or damage to endanger life or property
- Danger to life
- Must come from the destruction or damage
- Steer
- Webster
- Warwick
- Doesn't have to actually be endangered
- Sangha
- Own property
- Merrick
- Must come from the destruction or damage
- Without lawful excuses S5(2)(a)
- Owner would have consented to it
- Property was in need of protection
- Arson S1(3)
- An offence committed under this section by damaging or destroying property by fire shall be charged as arson.
- Essentially criminal damage by fire
- Can be committed through an omission.
- Miller
- Criminal Damage S1(1)
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