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13 Cards in this Set
- Front
- Back
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Criminal Damage: The Basic Offence
Section 1(1): |
“person who without lawful excuse destroys or damages 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 or damaged shall be guilty of an offence.”
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Elements of offence
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AR:
Destroy or damage Property Belonging to another MR Intention/recklessness |
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'Destroy'
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No statutory definition for Destroy:
" having at least the elements of finality and totality about it.” Barnet LBC v Eastern Electricity Board [1973] |
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'Damage'
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Or Damage: Impairment of value/usefulness
“ permanent or temporary impairment of value or usefulness …” Morphitis v Salmon [1990] |
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What level of damage? (Jury Q)
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Not minimal: A (A Juvenile) v R ( e.g. spitting on policemans coat)
Effort/expense to repair an indicator of damage? (wipe spit- no damage) Hardman & Others [1986]- high power jets to wash soluble paint from pavement- guilty. |
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Computer Hacking
Section 3(6) Computer Misuse Act 1990: For purpose of Criminal Damage act 1971. |
"modification of the contents of a computer shall not be regarded as damaging any computer or computer storage medium unless its effect on that computer or computer storage medium impairs its physical condition.”
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'Property'
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of a tangible nature
property same as theft act |
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Belonging to Another
Where property is subject to a trust, the person to whom it belongs shall also be treated as including any person having a right to enforce the trust.” |
“(a) having custody or control of it;
“(b) having in it any proprietary right or interest (not being an equitable interest arising only from an agreement to transfer or grant an interest); or “(c) having any charge on it |
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Mens rea
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Intention or (subjective) recklessness as to
The destruction or damage of property As to the fact that the property belongs to another. |
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Defences
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a. D has honest belief that V consented/would consent to the damage. S5(2)(a)
b. two part test -Subjective:D believed his property was in need of protection and that means were reasonable.-Objective: was damage done to protect property. |
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Aggravated Criminal Damage
Actus Reus |
“(2) A person who without lawful excuse destroys or damages ANY property, whether belonging to himself or another –
- endangering life |
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No need to endanger life in fact
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R v Sangha [1988] (set fire to empty building, engineered to contain fire in flat. ) Test applied: whether ordinary bystander would, at time fire was started, have perceived obvious risk that property would be damaged & life thereby be endangered.
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Mens Rea
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->Intends or is reckless to detroy building
->intends or is reckless to the damage/destroying of building endangering life. a. The endangerment of life must be BY the criminal damage: Steer |
