What constitutes an offence of simple criminal damage?
Mutilation of pets or farm animals constitutes simple criminal damage.
This includes acts such as harming or killing animals that are owned by someone.
What happens if parkland or a football pitch is dug up by vandals?
This will constitute simple criminal damage.
Vandalism of publicly accessible areas like parks or sports fields can lead to legal consequences.
What types of property are considered tangible?
Tangible property includes:
* Money
* Personal property
* Real property (land and things attached to land)
* Foliage
* Flowers
* Fruit
* Mushrooms
What is intangible property?
Intangible property includes assets like copyrights, which cannot be criminally damaged.
Can wild creatures be considered property?
Wild creatures can be classified as property if they are tamed or ordinarily kept in captivity.
What matters in determining criminal damage?
That damage or destruction was caused, and the defendant subjectively foresaw the risk of endangerment to the life of another yet took the risk anyway.
What must the actual damage caused to property create?
The potential for endangerment to life.
In R v Steer [1988] 1 AC 111, what was the basic offence committed?
Criminal damage due to the destruction of a window.
What caused the endangerment to life in R v Steer?
The bullet whizzing towards a person’s head inside.
What aggravated offence was not committed in R v Steer?
The aggravated offence of criminal damage.
What would constitute an aggravated offence in the example of a shop assistant?
The shattered shards of sharp glass creating endangerment to life.
True or False: The endangerment must relate to the life of oneself.
False.
What is insufficient for the mens rea in cases of endangerment?
Endangering one’s own life.