Criminal Damage Act 1971Basic Offence

of Criminal Damage

s.1(1)

Criminal Damage using

fire (arson) s.1(3)

Aggravated offence

endangering life.1(2)

Basic Offence of Criminal Damage s.1(1)Actus Reus

Destroy or damage

Belonging to anothers.10(2)

No longer fit for purpose.

Damage can be permanent or

temporary, held to have occurred if time, money and

effort are required to return property to original state.

Property

Custody or controlProprietary interest

Charge

Basic Offence of Criminal Damage s.1(1)Definition of ‘Damage’

Basic Offence of Criminal Damage s.1(1)Definition of ‘Property’

Basic Offence of Criminal Damage s.1(1)Mens Rea

Intention to destroy or

damage property

Recklessness as to whether

property would be destroyed or

damaged

Without Lawful Excuse

R V PembletonR V Cunningham1. Did D forsee risk of criminal

damage occuring but continue

anyway?

S. 5(2) (a) Believe owner would have consented to the

damage

S. 5(2) (b) For protection of property in immediate

danger

Blake V DPP (1993)R V Baker & Wilkins

(1997)

Aggravated Offence endangering life s.1(2)

What’s the difference with the basic offence.?

Actus ReusDestroy or damage

any propertyEndanger the life of

another

Mens ReaCunningham Recklessness

Destruction or damage by fire s.1(3)

What’s the difference with the basic offence.?

Actus ReusDestroy or damage

any propertyEndanger the life of

another

Mens ReaCunningham Recklessness

Plenary: Pick a number

1 2 3 4 5

6 7 8 9 10

Question 1

Identify each of the AR elements required for s.1(1) offence of criminal damage.

Question 2

What test is applied to decide if property has been

damaged?

Question 3

Explain the decision in Morphitus V Salmon (1990)

Question 4

What are the 2 specific defences under s.5(2)

without lawful excuse?

Question 5

What act governs the law on Criminal Damage?

Question 6

Explain why in Jaggard V Dickenson (1980) the defence was pleaded

successfully?

Question 7

What are the 3 types of Criminal Damage?

Question 8

What is the Mens Rea for s.1(2) Criminal Damage?

Question 9

Explain the decision in R V Steer (1987)?

Question 10

What legal rule is illustrated by R V Sangha?