Criminal Damage
- Created by: _laurenb
- Created on: 05-04-16 16:54
THE CRIMINAL DAMAGE ACT 1971
DEFINES:
1. Criminal Damage (basic offence)
2. Aggravated Criminal Damage
3. Arson (basic offence)
4. Aggravated Arson
CRIMINAL DAMAGE
Definition within section 1 of the Criminal Damage Act 1971:
'without lawful excuse, D destroys or damages any property belonging to another intending to sestroy or damage any such property or being reckless as to whether such property should be destroyed or damaged'
- destroy/damage
- property
- belonging to another
- without lawful excuse
- with intent/recklessness as to do so
The Actus Reus
DESTROY
- making it useless, but not completely destroying it
DAMAGE
TIPS FOR DETERMINING DAMAGE...
can be either permanent or non-permanent :
ROE V KINGERLEE: D put mud on the walls of cell; non-permanent, but held to be damage
money/effort must be required to fix it:
FIAK: D put a jumper in the oilet of prison cell, causing it to flood; money and effort required
A V R: D spat on policemen's uniform; held this could easily be wiped off
the property that is damaged must be considered:
MORPHITIS V SALMON: D scratched scaffolding pole
The Actus Reus
PROPERTY
Defined within section 10(1):
real property, personal property tamed wild animals - but not untamed ones!
BELONGING TO ANOTHER
Defined within section 10(2):
property ownership allows you to have: custody, control and proprietary right over it
SMITH: D removed wiring from flat, breaking fixtures; held these fixtures belonged to another - the landlord
The Actus Reus
WITHOUT LAWFUL CAUSE
WHAT IS 'LAWFUL'?
1. genuine belief that the owner of the property would consent
2. genuine belief that damage to the property would protect it from immediate risk
DENTON: D believed his manager wanted him to set fire to cotton mill and so did; NG!
JAGGARD V DICKINSON: D broke into a house she believed was her friends; she genuinly believed her friend would consent; NG even though it was not her friend's house
HUNT: D set fire to bedding to prove fire alarm was not working; NG as he protected the property
CRESSWELL V CURRIE: Ds broke badger traps to save the badgers; badgers had nto yet been caught and so could not be classed as property - they therefore couldn't 'protect' them!
The Mens Rea
INTENT
PEMBILTON: D threw a stone at men but hit a window instead; not guilty as he has no intent to damage the window
the mens rea must be present, even if the whole actus reus is present!
You must believe that property belongs to another to have intent !
RECKLESSNESS
CUNNINGHAM: developed recklessness : 'the taking of an unjustifiable risk'
A V R: 2 boys set fire to newspapers on concrete surface; belieed this would extinguish the flames; caused 1 million pound of damage; did not know the risk and so could not be found reckless
When Does Criminal Damage Become Aggravated?
WHEN IT ENDANGERS LIFE...
Definition held within section 1(2) of the Criminal Damage Act 1971:
“without lawful excuse, destroys or damages property, whether belonging to himself or another –
-
Intending to destroy or damage any property or being reckless as to whether any property would be damaged destroyed or damaged; an
-
Intending by the destruction or damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered
The Actus Reus
ENDANGERING LIFE
endangerment of life must desult from damage/destruction
STEER: D shot at door; held this was not agg. criminal damage as it did not endanger the lives of the inhabitants
must have necessary mens rea for both the damage/destruction and to endanger life
WARWICK: D rammed his care into back of police car; threw brick whcih broke the windows; mens rea for both damage/destruction and endangerment of life
if D realises life could be endangered, he can be convicted whether it was or not
SANGHA: set fire to flat; had no inhabitants and was built to resist fire - BUT D did not know his!
OWN PROPERTY
MERRICK: D exposed wiring in a house and left it; could endanger life; convicted
The Mens Rea
2 PARTS:
1. intent/recklessness to destroy/damage property
2. intent/recklessness to to endanger life
RECKLESSNESS
COOPER: D was mentally impaired; set fire to matress in house; he recognised the risk of endanegring life; this was held to be recklessness; he was convicted
ARSON
DEFINED IN SECTION 1(3):
BASIC OFFENCE:
where damage/destruction is the result of a fire
AGGRAVATED OFFENCE:
where the defendant is reckless as to endangering life through the damage or destruction he causes
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