Criminal Damage

Criminal Damage

1. Was it Property?

   • Was it tangible property?

2. Was it belonging to another?

   • Did anyone have...
     • the custody or control over it?
     • Any proprietary right or interest?
     • A charge on it?

3. Was it Destroyed or Damaged?

   • Was it physically altered, harmed or impaired?
   • Would it cost money, time or effort to remove the damage?
   • Was it temporarily unfit for use?

4. Was the damage or destruction intended?

   • Did D intend to do the act and not the damage?
   • Did D mistake V's property for his own?

5. Was D reckless as to the destruction or damage?

   • Did D realise a risk to the damage and take it?

6. Was D without lawful excuse?

   • Did D believe that the owner would have consented to the destruction or damage?
   • Did D believe that other property was at risk and in need of immediate protection and what he did was reasonable in the circumstances?
     • Was the destruction or damage in purpose of protecting other property?
     • Was the item D was trying to protect property?
     • Did D believe he was protecting a person?
     • Was D's belief justified, provided it was honestly held?