Please enable JavaScript.
Coggle requires JavaScript to display documents.
Criminal Damage Act 1971 (s.1(1)- Basic Criminal Damage (AR (Destroy or…
Criminal Damage Act 1971
s.1(1)- Basic Criminal Damage
AR
Destroy or damage
Matter of fact or degree. Renders property useless or prevents it from serving its normal function (
Samuels v Stubbs
)
Some expense to restore to previous condition (
A (a juvenile) v R; Roe v Kingerlee
)
Need not be permanent. spending of time, effort and money sufficient (
Hardman v CC of Avon
)
Permanent or temporary impairment of value or usefulness (
Morphitis v Salmon
)
Applied in
R v Fiak
Property
s. 10(1)
Information does not fall within definition (
R v Whitely
)
Belonging to another s. 10(2)
Having custody or control
Having a proprietary right or interest
Having a charge on it
MR
Intention or recklessness as to destruction or damage of property belonging to another
Intention = aim or purpose (
R v Maloney
)
R v G
recklessness
Without lawful excuse
D believes owner would have consented to damage (s. 5(2)(a))
Belief need not be justified if honestly held (s. 5(3))
Even a drunk belief (
Jaggard v Dickinson
)
Motive irrelevant if honestly held (
R v Denton
)
God given consent not valid under law of England and Wales (
Blake v DPP
)
D operated to protect his or another's property (s. 5(2)(b))
D must have subjectively believed property was in need of immediate protection (s. 5(2)(b)(i);
Johnson v DPP
)
D must have subjectively believed means of protection were reasonable (s. 5(2)(b)(ii))
Damage caused by accused must be objectively capable of protecting the property (
R v Hunt
)
Confirmed in
R v Hill & Hall
s. 5(5) also allows for:
Self-defence
Prevention of crime
Duress
s. 1(2)- Aggravated Criminal Damage
AR
Destroy or damage
Matter of fact or degree. Renders property useless or prevents it from serving its normal function (
Samuels v Stubbs
)
Some expense to restore to previous condition (
A (a juvenile) v R; Roe v Kingerlee
)
Need not be permanent. spending of time, effort and money sufficient (
Hardman v CC of Avon
)
Permanent or temporary impairment of value or usefulness (
Morphitis v Salmon
)
Applied in
R v Fiak
Property
s. 10(1)
Information does not fall within definition (
R v Whitely
)
Irrelevant if life of another was endangered (
R v Sangha
)
Belonging to themselves or another s. 10(2)
Having custody or control
Having a proprietary right or interest
Having a charge on it
MR
Intention or recklessness as to destruction or damage of property belonging to another
Intention = aim or purpose (
R v Maloney
)
R v G
recklessness
Without lawful excuse
s. 5(2) defences do not apply
Intention or recklessness as to endangerment of life by the damage or destruction
Damage or destruction intended not caused
Danger to life must arise from damaged property (
R v Steer
)
s. 1(3) Arson
Any s. 1 offence where destruction or damage caused by fire charged as arson
Only MR change is must intend or be reckless as to damage/destruction by fire
s. 2- Threat to destroy or damage property
AR
Either
Making a threat to another person to destroy or damage property belonging to that other or a TP
Making a threat to another to destroy or damage their own property in a way which he knows is likely to endanger the life of that other or a TP
MR
Intention to fear the threat would be carried out
s. 3- Possession with intent to destroy or damage property
AR
Having anything in custody or under their control
MR
Either
Intention to use it or cause or permit another to use it to destroy or damage any property belonging to another
Intention to use it or cause or permit another to use it to destroy or damage their own or the user's property in a way which he knows is likely to endanger the life of some other person