Criminal Damage

Criminal Law - Chapter 8

What is simple criminal damage?

AR =

i) destroy (physical harm which is permanent or temporary) or damage (i.e. expense in rectifying the consequences)

ii) property - tangible property (bank account NOT included)

iii) belonging to another - custody/control or a proprietary interest - cannot be charged for damage on OWN property

iv) without lawful excuse

What is the MR of simple criminal damage?

i) intention or recklessness as to the destruction or damage of property belonging to another AND

ii) knowledge or belief that the property belongs to another

What is ‘lawful excuse’?

i) belief in consent - D will not be guilty of criminal damage if they had an honest belief that the person entitled to consent to the damage or destruction had consented/would have consented in the circumstances - SUBJECTIVE TEST

• ‘circumstances’ of the damage must be linked directly - time, place, extent

• Does NOT include the political or philosophical beliefs of the person causing the damage.

• If intoxicated BUT held an honest belief - may be able to rely on lawful excuse

ii) protection - D may argue the property was in immediate need of protection and that the means adopted were reasonable having regard to all the circumstances:

a) purpose - D honestly believed their action was protecting, or was capable of protecting, property (subjective)

b) court will then rule as a matter of law whether this amounts to a purpose of protecting property (objective)

c) immediate protection (subjective)

d) must be reasonable (subjective)

What is arson?

Criminal Damage + FIRE

The D destroys or damages property belonging to another, either intentionally or recklessly and without a lawful excuse

*defence of lawful excuse is available

What is aggravated criminal damage?

Destroying or damaging property with intent to endanger life

i) property can belong to you or someone else (unlike normal CD where the property MUST belong to someone else)

ii) lawful excuse DOES NOT APPLY - could rely on a general defence

MR:

i) D must either intend the damage or destruction, or be reckless as to it AND

ii) (additional element) - D must intend or be reckless to endanger the life of another or is reckless as to whether the life of another would be thereby endangered - SUBJECTIVE TEST

• irrelevant whether life is actually endangered - question of intention or recklessness in doing the act.

• Can include a victim overcome by smoke or incinerated by flames as it was ‘absurd to suggest that this did not result from the damage to the building’

What is aggravated arson?

Aggravated criminal damage + FIRE

i) intention or recklessness as to the endangerment of life BY FIRE

ii) defence of lawful excuse DOES NOT APPLY