Study Notes on Offences Against Property

Unit 2.2 Offences Against Property

20. Introduction

  • The topic covers criminal damage, which consists of three separate offences under the Criminal Damage Act 1971:
    • Basic criminal damage
    • Aggravated criminal damage
    • Arson
  • Criminal damage includes a range of activities from minor vandalism to significant damage to property.
20.1 The Basic Offence of Criminal Damage (s 1[1])
  • Defined in s 1(1) of the Criminal Damage Act 1971:
    • "A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence."
20.1.1 Actus Reus of Criminal Damage
  • The actus reus consists of four elements:
    1. Destroy or Damage
    2. Property
    3. Belonging to Another
    4. Without Lawful Excuse
Destroy or Damage
  • The terms "destroy" and "damage" are a question of fact determined in each case:
    • Damage is not explicitly defined in the Act but is understood as a matter of fact and degree.
    • Common sense and judicial discretion are applied to ascertain whether damage occurred.
    • It includes:
    • Temporary physical damage
    • Permanent physical damage
    • Temporary impairment of value or usefulness
    • Permanent impairment of value or usefulness
Case Example: Hardman v Chief Constable of Avon and Somerset (1986)
  • Members of the Campaign for Nuclear Disarmament painted human silhouettes on a pavement using water-soluble paint.
  • Despite the paint being washed away by rain, the council incurred costs to clean it, and the person responsible was convicted of criminal damage.
20.1.2 Additional Case Example: Morphitis v Salmon (1990)
  • Facts: A scaffold pole used to block an access road was scratched during dismantlement.
  • Ruling: The scratch did not amount to criminal damage as it did not reduce the pole's usefulness or value; however, the removal of the roadblock was viewed as criminal damage.
Temporary Damage Examples
  • Dumping rubbish on land may lead to criminal damage if the property owner incurs expense for removal.
  • Temporary water damage to items, as seen in R v Fiak (2005), may also qualify as criminal damage if repair is required.
Case Example: R v Fiak (2005)
  • Scenario: The defendant flooded a police cell by blocking the toilet with a blanket, rendering the blanket and cell unusable until cleaned.
  • Outcome: Conviction for criminal damage due to both the blanket and the cell sustaining temporary damage.
Definitions According to Section 10(1) of the Criminal Damage Act 1971
  • Defines property as:
    • "… property of a tangible nature, whether real or personal, including money."
    • Includes tamed wild creatures and their carcasses but excludes wild mushrooms, flowers, fruit, and foliage.
  • Damage must be done to tangible property; land can be damaged through waste disposal but does not include intangibles.
Case Example: R v Henderson and Batley (1984)
  • Defendants dumped rubble on a cleared land site, incurring cleanup costs, which constituted damage to the land as defined under the Act.
Belonging to Another
  • The property must be in custody and control rather than mere possession.
  • An offence of criminal damage occurs whenever someone possesses rights over property.
  • Damage to abandoned property cannot qualify as criminal damage.
Without Lawful Excuse
  • A statutory defence under s 5 of the Criminal Damage Act 1971.
  • A lawful excuse exists in two situations:
    1. Belief that consent exists for the destruction or damage.
    2. Immediate need for protection of property, if means used are reasonable.
  • Case Example: Lloyd v DPP (1992)
    • Defendant removed a wheel clamp from a vehicle illegally parked without lawful excuse, leading to conviction for criminal damage.
20.1.2 Mens Rea of Criminal Damage
  • The mens rea comprises the intention to destroy or damage property belonging to another, or recklessness regarding that destruction or damage.
  • Recklessness is determined subjectively as per Cunningham recklessness criteria.
Definition of Recklessness: R v G (2004)
  • A person is reckless under s 1 of the Criminal Damage Act 1971 if they:
    1. Are aware of a risk of a circumstance or result.
    2. It is unreasonable, given the circumstances known to them, to take that risk.
20.2 Arson (s 1(3))
  • Defined in the Criminal Damage Act 1971 as:
    • "An offence committed under this section by destroying or damaging property by fire shall be charged as arson."
  • Must cause damage via fire; lawful excuse can be claimed under the same laws as basic criminal damage.
Case Example: R v Denton (1982)
  • Defendant set fire to machinery at his workplace based on instruction for insurance fraud; however, was acquitted of arson due to having the owner's consent.
20.3 The Aggravated Offence of Criminal Damage (s 1(2))
  • Defined in s 1(2) of the Criminal Damage Act 1971
    • "A person who without lawful excuse destroys or damages any property … intending … to endanger the life of another … shall be guilty of an offence."
  • Requires intention or recklessness regarding endangering life; can be committed against one’s own property.
  • No requirement to prove actual endangerment of life.
Case Example: R v Steer (1987)
  • Shots fired into a house did not constitute endangerment via property damage since the danger stemmed from the act of shooting, not the damage to the house.
Additional Case Example: R v Warwick (1995)
  • Defendant rammed a police car with intent, injuring officers through broken glass; convicted of aggravated criminal damage by endangering life.
20.4 Threats to Destroy or Damage Property (s 2)
  • Two offences defined as making threats to destroy/damage property of another or one's own property that could endanger life.
  • Requires intent that the victim fears the threat may be carried out.
20.5 Possessing Anything with Intent to Destroy or Damage Property (s 3)
  • Covers possession of items with intent to damage property belonging to another (s 3(a)) or one’s own property likely to endanger life (s 3(b)).
Activity Example:
  • Jack spray painting railway carriages could be charged with criminal damage if found in possession of spray paint, showing intent to damage property.
20.6 Sentencing for Criminal Damage
  • Sentencing decisions rely on guidelines considering various impacts of the crime:
    • Impact on national heritage
    • Economic/social implications to communities
  • Table of sentencing ranges (shown in accompanying tables) outlines maximum sentences based on the type of offence.
Summary of Key Offences and Sentencing:
  1. Criminal damage (s 1[1])
    • Value ≤ £5,000: Summary-only offence, 3 months' imprisonment.
    • Value > £5,000: Either way offence, up to 10 years' imprisonment.
  2. Arson (s 1(3))
    • Either way offence, maximum life imprisonment.
  3. Aggravated criminal damage (s 1(2))
    • Either way offence, with emphasis on endangering life; maximum life imprisonment.
  4. Threats to destroy or damage property (s2)
    • Either way offence, 10 years' imprisonment.
  5. Possessing with intent to destroy or damage property (s3)
    • Either way offence, 10 years' imprisonment.