Basic Criminal Damage

Question 1

What is basic criminal damage?

Answer 1

A person who without lawful excuse damages or destroys 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

Question 2

What is the AR for basic criminal damage?

Answer 2

• destroy or damage
• property
• belonging to another
• without lawful excuse

Question 3

What is the MR for basic criminal damage?

Answer 3

Intention or recklessness as to damage or destruction of property belonging to another

Question 4

What does ‘destroy’ mean?

Answer 4

Following D’s actions, the property ceases to exist

Question 5

What constitutes damage?

Answer 5

• if time, money and effort has to be spent to restore the property to its original state
• just because something is temporary does not mean it can’t be damage
• permanent or temporary physical harm
• permanent or temporary impairment of value or usefulness

(NOT something that be easily rectified such as wiping off spit)

Question 6

What is ‘property’ for criminal damage?

Answer 6

• property of tangible nature, whether real or personal, including money
• includes wild animal that have been tamed or are kept in captivity
• Includes other wild animals and their carcasses if they have been reduced into possession

Question 7

What is not property for criminal damage?

Answer 7

• information
• mushrooms growing wild on any land or flowers, fruit or foliage of a plant growing wild on any land - includes tress or bushes

Question 8

What does belonging to another mean for criminal damage?

Answer 8

Wider than ownership and can belong to more than one person. Belongs to another if they have:

• custody or control of it
• having a proprietary right or interest in it (aside from equitable interest arising from an agreement to transfer or grant an interest)
• having a charge on it

Question 9

What would recklessness as to criminal damage for the mens rea look like?

Answer 9

R v G test:

• at the time of committing the AR, D was subjectively aware of risk to damaging the property of another
• in the circumstances known to the accused, it was objectively unreasonable for the accused to take that risk

Question 10

What is basic arson?

Answer 10

Same as basic criminal damage but destruction or damage to the property belonging to another must be done by fire

Question 11

What specific defences exist in the Criminal Damage Act 1971 for basic criminal damage?

Answer 11

• defence that D believes the owner would have consented
• D acts to protect their or another’s property

Question 12

What is required for a successful defence to basic criminal damage that D believes the owner would have consented?

Answer 12

• D must honestly hold belief that owner would have consented (subjective)
• The belief does not need to be reasonable

Question 13

What effect does voluntary intoxication have on defence to basic criminal damage that D believes the owner would have consented?

Answer 13

As the test is subjective, intoxication will not prevent defence provided the D honestly believed that the owner would have consented, even if intoxication makes that belief unreasonable

Question 14

Does the motive of D matter to defence to basic criminal damage that D believes the owner would have consented?

Answer 14

No - provided the D honestly believed that the owner would have consented

Question 15

Is it any defence that God consented to the damage for defence to basic criminal damage that D believes the owner would have consented?

Answer 15

No

Question 16

Can the defence of D acts to protect their or another’s property cover protecting other people?

Answer 16

No - must be other property

Question 17

What are the four elements required for a successful defence of D acts to protect their or another’s property?

Answer 17

• D must act to protect property
• D must believe that the property was in immediate need of protection (subjective test)
• D must believe that means of protection adopted are reasonable (subjective test)
• the damage caused by D must be (objectively) capable of protecting the property

Question 18

Aside from the specific defences mentioned in the act, are any other defences available for basic criminal damage?

Answer 18

Yes - the general defences the operate in law such as self-defence