Mrs Howe

Criminal DamageCriminal Damage

Criminal Law A2Criminal Law A2

Mrs Howe

Criminal Damage Act 1971Criminal Damage Act 1971

Four Offences:-Four Offences:- Basic offence of criminal damageBasic offence of criminal damage Aggravated criminal damageAggravated criminal damage ArsonArson Aggravated arson Aggravated arson

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Basic OffenceBasic Offence

Write out the definition of criminal damage. Write out the definition of criminal damage. S1(1) of the Criminal Damage Act Pg 155.S1(1) of the Criminal Damage Act Pg 155.

Actus Reus:-Actus Reus:- Destroy or damageDestroy or damage PropertyProperty Belonging to anotherBelonging to anotherMens Rea:-Mens Rea:- Specific intention to destroy or damage Specific intention to destroy or damage

the property orthe property or Recklessness as to whether the property is Recklessness as to whether the property is

destroyed or damageddestroyed or damaged

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Destroy or DamageDestroy or Damage No definition in new act. No definition in new act. Same phrase used in law prior to 1971 act- precedentSame phrase used in law prior to 1971 act- precedent Damage should be interpreted widelyDamage should be interpreted widely Slight damage is enough- Gayford V Chouler- grassSlight damage is enough- Gayford V Chouler- grass Destroy much stronger, includes where property made Destroy much stronger, includes where property made

useless but not completely destroyeduseless but not completely destroyed Does not have to be permanent- Roe V Kingerlee 1986Does not have to be permanent- Roe V Kingerlee 1986 If it costs time, money and or effort to remove the damage- If it costs time, money and or effort to remove the damage-

then criminal damage has occurred Hardman V Chief then criminal damage has occurred Hardman V Chief Constable of Avon and Somerset Constabulary 1986, Blake Constable of Avon and Somerset Constabulary 1986, Blake V DPP, Flak 2005.V DPP, Flak 2005.

If no costs or effort in clearing up and can still be used no If no costs or effort in clearing up and can still be used no criminal damage. A (A) Juvenile V R 1978 –spitcriminal damage. A (A) Juvenile V R 1978 –spit

Type and purpose of property will be taken into account. Type and purpose of property will be taken into account. Morphitis v Salmon 1990-scaffolding poleMorphitis v Salmon 1990-scaffolding pole

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Activity Activity

Do activity on pg 157 of bookDo activity on pg 157 of book

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TaskTask

Create a Table of Cases to explain Create a Table of Cases to explain Criminal Damage- Actus ReusCriminal Damage- Actus Reus

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Property Property

Is defined in S 10 (1) CD Act 1971Is defined in S 10 (1) CD Act 1971 Property of a tangible nature whether Property of a tangible nature whether

real or personalreal or personal Includes animals, wild or domesticIncludes animals, wild or domestic Not mushrooms, fruit, flowers, foliage Not mushrooms, fruit, flowers, foliage

of a plant growing wild.of a plant growing wild.

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Belonging to AnotherBelonging to Another

Set out in 10 (2) CDA 1971Set out in 10 (2) CDA 1971 Property is treated as belonging to any Property is treated as belonging to any

person person having the custody or control of it or having the custody or control of it or Having in it any propriety right or interest Having in it any propriety right or interest

or or having a charge on it.having a charge on it.

For basic Criminal Damage property For basic Criminal Damage property must belong to someone else. Not must belong to someone else. Not necessary for other offences.necessary for other offences.

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Mens ReaMens Rea

Must do damage either:-Must do damage either:- Intentionally or Intentionally or RecklesslyRecklessly

Subjective recklessness- Maliciously Subjective recklessness- Maliciously and Unlawfuland Unlawful

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IntentionIntention

Must proof D intended to :-Must proof D intended to :- destroy or damage property destroy or damage property belonging to another.belonging to another.

Proving an act not enough- Pembilton Proving an act not enough- Pembilton 18741874

Believing property is yours – means Believing property is yours – means no intention to damage property no intention to damage property belonging to another - Smith 1974belonging to another - Smith 1974

Mrs Howe

RecklessnessRecklessness

Initially courts used subjective recklessness Initially courts used subjective recklessness test. Stephenson- Tramp Haystacktest. Stephenson- Tramp Haystack

However in Metropolitan Police Commissioner V However in Metropolitan Police Commissioner V Caldwell 1981 H of L Caldwell 1981 H of L

Ruled that a person is reckless were they do an Ruled that a person is reckless were they do an act which in fact created an obvious risk and act which in fact created an obvious risk and hadhad a not given any thought to consequence or a not given any thought to consequence or

(objective)(objective) b gave thought but carried on (subjective)b gave thought but carried on (subjective)

Objective test hard on some D- Elliott v CObjective test hard on some D- Elliott v C

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TaskTask

Create a Table of Cases to explain Create a Table of Cases to explain Mens Rea Required for criminal Mens Rea Required for criminal damagedamage

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Without Lawful ExcuseWithout Lawful ExcuseTwo Lawful excuses D must honestly believe one of these

The owner would have consented to the damage or

Other property was at risk and in need of immediate protection and what he did was reasonable in all the circumstances.

Belief in consent- Denton-Mill owner-fire

Defence of mistake allowed even were intoxicated

Jaggard V Dickinson 1980

Belief property needs protection Greenpeace- GM crops Hunt 1978 (fire-home)

Mrs Howe

TaskTask

Create a Table of Cases to explain Create a Table of Cases to explain each of the followingeach of the following

Criminal Damage- Actus ReusCriminal Damage- Actus Reus Mens ReaMens Rea DefencesDefences Separate tables for each point of lawSeparate tables for each point of law

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ActivityActivity

Read activity on page 164 of the Read activity on page 164 of the Jackie Martin bookJackie Martin book

and Answer questions in your bookand Answer questions in your book

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Problems With The LawProblems With The Law

Read Pg 164-165 and identify what Read Pg 164-165 and identify what are the key problems with this area are the key problems with this area of law.of law.

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SummarySummary

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Exam QuestionExam Question

Critically consider what difficulties Critically consider what difficulties the courts have encountered in the courts have encountered in interpreting the offence of criminal interpreting the offence of criminal damagedamage

OCR Jan 2003OCR Jan 2003