Criminal Damage

Criminal Damage

1. Criminal Damage Act 1971

   • S1 (1) says "a person who without lawful excuse, destroys or damages 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."

2. Actus reus

   • - destroys or damages - property - beonging to another

3. Mens Rea

   • - intention or reckless as to damage

4. Destroys or damages

   • E: The first part of the actus reus is damage which is 'a matter of fact or degree' from the case of Roe and Kingsley. (if the damage takes, time money and effort to fix use Hardman v Chief Constable.)

5. Property

   • E: The second part of the actus reus is property from S10 (1) which says any property of tangible nature, whether real or personal including money. (wild creatures are property)

6. Belonging to another

   • E: The last part of the actus reus is belonging to another from S10 (2) which can be: (a) having custody or control (b) having any proprietary right or interest (c) having a charge on it Use the case of R v Smith (1974)

7. Intention or to be reckless to the damage

   • E: The last part is the mens rea which you have to be reckless from G v R, or direct intent from R v Mohan or oblique intent from R v Woollin.

8. Lawful excuse

   • S5 (2) - lawful excuse (a) believing you have consent (b) protecting property belonging to himself R v Hunt (was not in immediate need of protection)