Criminal Damage Act 1971
- Created by: Tom Ower
- Created on: 05-05-13 15:31
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- Criminal Damage Act 1971
- Section 1 (1) - Basic Offence of Criminal Damage
- Mens rea
- Intent or recklessness
- R v Pembliton 1874 (stone + window)
- R v Cunningham 1957
- Without lawful excuse
- S5 (2)(a)
- R v Denton
- If D believes owner would consent to the damage.
- Jaggard v Dickinson 1980
- S5(2)(b)
- D must believe that the property needing protection is in immediate danger.
- Blake v DPP 1993
- God cannot consent to damage.
- S5 (2)(a)
- Intent or recklessness
- Actus reus
- Destroy or damage
- Not defined in act, but property deemed destroyed if it is no longer fit for its purpose.
- Damage can either be permanent or temporary and it will have occurred if time, money and efforts are required to return property to its original state.
- Roe v Kingerlee 1986 (mud + wall)
- A v R 1978 (spat on Po Po's coat)
- Hardman v Chief Constable of Avon and Somerset Constabulary 1986
- Blake v DPP 1993 (graffiti)
- Morphitis v Salmon 1990 (scratch on scaffolding pole)
- Property
- Defined under S.10 (1) of Criminal Damage Act 1971
- Property of a tangible nature, whether real or personal, including money and including wild creatures but not including mushrooms growing wild
- Belonging to another
- No one can be guilty of criminal damage if he or she has damaged their own property.
- S10 (2) states property will be treated as belonging to any person:
- Having the custody or control of it
- Having in it any proprietary right or interest
- Having a charge on it
- Destroy or damage
- Mens rea
- Section 1 (2) - Aggravated offence, endangering life
- Actus Reus
- Destroy or damage any property
- Under S1 (2) D can still be guilty if the damage or destruction is to his/her own property
- Endanger the life of another
- Must be his/ her actual destruction of or damage to the property that endangers the life of another
- R v Sangha 1988
- Damage to furniture endangered life
- R v Steer 1987
- Damage to door did not endanger life
- Destroy or damage any property
- Mens rea
- Intent or recklesness
- Same as the basic offence, but must also intend the destruction or damage to endanger life or must be reckless.
- Intent or recklesness
- Actus Reus
- Section 1 (3) - Criminal damage using fire (arson)
- Actus reus + Mens rea same as the basic offence or aggravated offence, the only difference is the damage was caused by fire
- Miller 1983
- Section 1 (1) - Basic Offence of Criminal Damage
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