It defines that criminal damage as 'to destroy or damage property belonging to another, without lawful excuse intending or being reckless that the property would be damaged or destroyed
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What does s.1(3) define?
It defines that damage caused by fire, is charged as arson
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What happened in the case of Hardman v CC Avon & Somerset?
D was drawing on a pavement with soluable (washable) paint , which is considered damage
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What does this case confirm?
It confirms that damage is doing something to property that takes effort and/or expense to put back to its original state
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What does the case of R v A confirm?
It confirms that spitting on a police officer's jacket is not damage as it did not require cleaning
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What is the case that confirms that putting a police helmet back into place is damage?
Samuel v Stubbs
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What does the case of Morphitis v Salmon confirm?
It confirms that scaffolding is not damage
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What does the case of Fiak confirm?
It confirms that stuffing a blanket down the toilet is damage
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What is the case that confirms that smearing mud around a cell is damage?
Roe v Kingerlee
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What is defined in s.10(1)?
Property is defined, which is smilar to the defintion in the Theft Act
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What does s.10(2) define?
It defines that property is treated as property belonging anyone who has custody, control or a proprietery interest in it
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What happened in the case of Smith?
D ripped out audio wiring he had installed behind a wall in a rented flat
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What section are lawful excuses defined in?
s.5(2)
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What is defined in s.5(2)(a)?
An honest belief that the owner has or would have consented to the damage
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What happened in the case of Denton?
D claimed the owner consented to him burning down a mill for fraudulent insurance claim
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What happened in the case of Blake?
A vicar damaged a pillar who believed that God would have consented on moral grounds- this was rejected
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What happened in the case of Jaggard v Dickenson?
D had permission to treat her friend's house as her own
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What is defined in s.5(2)(b)?
In order to protect other property
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What happened in the case of Hill & Hall?
Where cutting a military based to protect homes from a Russian nuclear strike did not satisfy these requirments
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What is the case confirming that a 'person' does not qualify as property that can be protected for the purposes of this defence?
Baker & Wilkins
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What is defined in s.5(3)?
This states that belief in consent, it is not necessary that this beief was 'reasonable' just that it was honestly held
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What does the case of G & R confirm?
It confirms that recklessness is subjective, meaning d was awaee of the risk of damage, and that it was unreasonable to take that risk
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Other cards in this set
Card 2
Front
What does s.1(3) define?
Back
It defines that damage caused by fire, is charged as arson
Card 3
Front
What happened in the case of Hardman v CC Avon & Somerset?
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