Criminal: Criminal Damage

What is the basic offence of criminal damage?

A person who without lawful excuse damages or destroys any property belonging to another with the intention or recklessness as to destruction or damage of property belonging to another

What is destroy or damage?

No legal definition - is a question of fact and degree. Destroy means following D's actions that property ceases to exist. Case law suggests that it does not have to be permanent, if money, time and effort was spent to resolve it very likely to be damage.

What does property include?

Tangible property, money, wild creatures which have been tamed

What does property not include?

Information, flowers, fruit, mushrooms growing wild

What is belonging to another?

having custody or control, having a proprietary interest, having a charge on it

What is the mens rea for criminal damage?

Intention or recklessness both as to the destruction or damage and as to the fact that the property belongs to another.

What is intention?

Ordinary meaning - whether D at the time of carrying out the AR their aim/purpose was to damage/destroy property

What is needed to convict a person of reckless criminal damage?

At the time of committing the AR, the accussed was subjectively aware of a risk

In the circumstances known to the accused, it was objectively unreasonable for the accused to take the risk

What is the actus reus for basic arson?

Destroy or damage by fire property belonging to another without lawful excuse

What is the mens rea for basic arson?

Intention or recklessness both as to the destruction or damage and as to the fact that the property belongs to another by fire

What is aggravated criminal damage?

Destroying or damaging property with intention to endanger life.

What is the actus reus for aggravated criminal damage?

Destroy or damage (by fire) or property

What is the mens rea for aggravated criminal damage?

Intention or recklessness to damage property and endanger life by the damage

Can a defendant commit aggravated criminal damage to their own property?

Yes this is possible

What about lawful excuse?

Does not apply to aggravated criminal damage

What if life might be endangered?

This would be enough for a conviction of aggravated criminal damage

Is a causal link needed?

Yes needs to be a causal link between the damage to the property and the danger to life

What is a lawful excuse defence for criminal damage?

Defendant believes the owner would have consented to the damage and the defendant acts to protect their/another's property

Can a defendant rely on mistaken belief?

Yes even if they are intoxicated

Does motive matter?

As long as D held an honest belief, the motive is irrelevant

Are there any limits on the defence?

Blake v DPP - argued that God would consent to him writing a biblical quotation on a pillar but this was not held to be a lawful excuse

What are the four requirements to the defence that D acts to protect property?

1. D acts to protect property (does not apply to people)

2. D must believe that the property was in immediate need of protection (subjective test)

3. D must believe means of protection adopted are reasonable (subjective test)

4. Damage caused by the defendant must be (objectively) capable of protecting the property

What happened in R v Hunt?

Set a whole building on fire to prove that the fire alarm did not work. Held that it was not sufficient.