Criminal - Criminal Damage Act 1991

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The Criminal Damage Act 1991 - Offences

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s. 2(1): an offence to damage the property of another intentionally or recklessly, without lawful excuse.

s. 2(2): a separate offence of damaging property (intentionally/recklessly) and simultaneously endangering another’s life (intentionally/recklessly).

s. 2(3): a separate offence to damage property with intent to defraud.


s. 3: a person who threatens another person that they will carry out a s.2(1) or s. 2(2) offence is guilty of an offence.

s. 4: a person who possesses any property with the intent to carry out a s.2(1), s. 2(2) or s. 2(3) offence is guilty of an offence.

s. 5: an offence to operate a computer with intent to access information, without lawful excuse.

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Definitions

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s. 1(1): “damage” (non-data): destroy, deface, dismantle, render in operable or unfit for use, impair the operation of.

s. 1(1): “damage” (data): add to, alter, corrupt, erase, move, or contribute to any of these.

s. 1(1): “damage” generally = damage property outside Ireland from Ireland; vice versa; damage by omission.

s. 1(1): “data”: any computer-stored information.

s. 1(1): moveable and immoveable tangible property; data.

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Ownership

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s. 1(2): property belongs to another if (a) they have lawful custody/control; (b) they have any proprietary right/interest; (c) they have a charge over it.

s. 1(3): offences apply to family homes where the spouse/divorcee is subject to a barring order.

s. 1(4): for trusts, the “owner” is any person who can enforce the trust.

s. 1(5): for company property, the “owner” is the company.

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Endangering Life

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s. 2(2): a separate offence of damaging property (intentionally/recklessly) and simultaneously endangering another’s life (intentionally/recklessly).

s. 6 (lawful excuse) does not apply to this offence, although the ordinary criminal deffences do.

Damage to one’s own property counts as damaging property.

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Intent to Defraud

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s. 2(3): a separate offence to damage property with intent to defraud.

s. 6 (lawful excuse) does not apply to this offence, although the ordinary criminal offences do.

Recklessness is insufficient here: intention to defraud must be shown.

s. 2(4): the offence of arson is appropriate where the damage is by means of fire; this is the most serious type of criminal damage: s. 2(5) sets out onerous penalties for criminal damage by arson.

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Threat to Damage Property

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s. 3: a person who threatens another person that they will carry out a s.2(1) or s. 2(2) offence is guilty of an offence.

Summary offence: maximum 12 months and/or £1,000.

Indictable offence: maximum 10 years and/or £10,000.

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Possessing Any Thing with Intent to Damage Property

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s. 4: a person who possesses any property with the intent to carry out a s.2(1), s. 2(2) or s. 2(3) offence is guilty of an offence.

Summary offence: maximum 12 months and/or £1,000.

Indictable offence: maximum 10 years and/or £10,000.

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Unauthorised Accessing of Data

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s. 5: an offence to operate a computer with intent to access information, without lawful excuse.

Summary offence: maximum and/or £500.

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“Without Lawful Excuse”

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s. 6(2): defences:

i. Consent (a): Def thinks that the person entitled to consent has consented or would consent to damage;

ii. Consent (b): s. 5 offence – Def is the person entitled to consent;

iii. Reasonable protection of himself or another or their property or a right in property or land.

s. 6(3): how reasonable the Def’s belief was is irrelevant: subjective honesty test.

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Lloyd v. DPP (1991 – UK)

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Def removed a car clamp from his car and was charges under the English equivalent of s. 2(1); his defence was that he had lawful excuse, as his car was unlawfully clamped (it wasn’t); obviously, the court convicted him of the offence.