Criminal Damage S1(1)

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  • Criminal Damage
    • Basic offence - S1(1) CDA 1971
      • A person who, without lawful excuse, destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to do so.
    • Destroys or damages (AR)
      • Reduction in value and usefulness of property
      • Roe v Kingerlee
      • Gayford v Chouler
      • Morphitis v Salmon
    • Property (AR)
      • S10(1) of a tangible nature, whether real or personal inc money
      • Includes tamed or captive wild creatures
      • Doesn't include flowers
    • Belonging to another (AR)
      • Control or custody, proprietary right or interest
      • No offence if damage own property
    • Intention or recklessness (MR)
    • Defences
      • S5(2)(a) belief in owners consent
        • R v Denton
      • S5(2)(b) other property is in immediate need of protection


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