Criminal Damage S 1 (1) True/False Quiz

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1. The Criminal Damage Act also provides a defence where the defendant believes he is acting to protect a person from harm

  • False
  • True, as illustrated by the case of Baker and Wilkins
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2. S 5 (2) (a) provides a defence where it is believed that the owner would consent to the damage

  • True
  • False, consent is under S 5 (2) (b)

3. A person cannot be guilty of the basic offence of Criminal Damage S 1 (1) if the property he/she destroys or damages is his/her own

  • True
  • False

4. In the case of Hunt, the defendant was a Vicar who wrote a biblical quotation on a post outside the HoP, claiming that he was carrying out God's instructions, and that the damage was to protect property of civilians in Kuwait and Iraq

  • False, Hunt helped his wife to set fire to some bedding in order to draw attention to the fact the fire alarm wasn't working
  • True, the defendant was convicted, despite the subjective wording of the act

5. The type and purpose of the property may be relevant, this legal rule is illustrated by the case of A (a juvenile) v R

  • False it is from the case of Morphitis v Salmon
  • True
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