Criminal Damage: S1 Criminal Damage Act 1971

Criminal Damage: S1 Criminal Damage Act 1971

1. S1(1) Basic Criminal Damage

   • AR
     • Destroys/damages
       • destroyed: 'when made useless'
       • damaged: 'if expense and time is incurred in fixing it'
       • Roe v Kingerlee, 'matter of fact and degree'
       • Samuel v Stubbs, by 'nature and the mode' in which it is affected/treated
       • Fiak, impairment of Value/Usefulness
       • Hardman, non permanent damage still can be CD
       • Morphitis, scratch doesn't affect ordinary use
       • Gayford v Chouler, even slight damage was sufficient to prove damage
       • A v R, no costs/effort to wipe off, not CD
     • Property Belonging to another
       • S10(1) 'includes personal/real property, money and animals'
       • S10(2) 'includes any person having custody/control, any person having a propietary right/interest and any person having a charge on it'
   • MR
     • Intention/Recklessness
       • Pembilton, intention to damage property
       • Smith, intend to damage property but I believes property is his, then no offence
         • Test: Did D take an unjustified risk that property would be destroyed/damaged? Did he realise the risk?
   • Lawful Excuse
     • act defines two more defences S5(2)(a) and S5(2)(b)
       • S5(2)(a) Denton, he believes that the owner would have consented to damage
         • Jaggard v Dickinson, even if honest belief was formed while intoxicated the defence S5(2)(a) still applies
       • S5(2)(b) Merchett, he believes other property was at risk and in need of immediate protection and D acted reasonably
         • Hunt, S5(2)(b) not in need of immediate protection
     • Cresswell v Currie, consent by God to protect property is too remote
     • Baker v Wilkins, not available to protect people, only property

2. S1(2) Aggravated Criminal Damage

   • AR
     • Basic Criminal Damage AR
     • That endangers life
       • Warwick, danger must come from destruction of property
       • Steer, damage to door and window but bullets did not endanger life
   • MR
     • Intent/reckless to destroying/damaging property
     • Intent/reckless to whether life was at danger by destruction/damage of property
       • Sangha, still guilty if D intended/realised damage would endanger life

3. S1(3) Arson + S1(4) Aggravated Arson

   • AR
     • Destroys/damages
     • S10(1) Property
     • That endangers life (only aggravated arson)
     • By fire
   • MR: Intention/Recklessly