Flashcards
Criminal Damage Cases
Cards in this deck (18)
- 1Roe v Kingerlee (1986)Division Court
Property damage was matter of fact and degree. D had smeared mud on wall of police cell which cost £7 to clean off. This was damage even though not permanent. - 2Hardman v Chief Constable of Avon and Somerset Constabulary (1986)CND protesters painted silhouettes on pavement with water soluble paint to mark 40th anniversary of Hiroshima. Local council removed with water jets ... D argued time and rain would wash away but court held itw as damage.
- 3Blake v DPP (1993)The D wrote a biblical quotation on concrete pillar. Needed to be cleaned off so constituted damage. Costs were incured.
- 4Fiak (2005)D arrested on suspicion of being in charge of vehicle when over limited. Placed in cell - put blanket in toilet and flushed. Blanket needed to be cleaned and dried and this was considered damage.
- 5A (a juvenile) v R (1978)Spat at policeman and spit landed on uniform. Held to not be damage as could be wiped off with little effort - different matter if it had left a stain.
- 6Smith (1974)D had removed some electrical wiring that he had fitted earlier in his rented flat. In doing so he damaged some of the fixtures and in civil law these fixtures = property belonging to another BUT not guilty as lack mens rea.
- 7Pembliton (1874)The D threw a stone at some men with whom he had been fighting. Stone missed but hit and broke window. Not guilty as no intention.
- 8Seray - White (2012)Dr Seray-White wrote with black marker pen on two parking notices which had been placed by management company. Did not intend to cause nor reckless. Damage confirmed by CoA.
- 9Elliott v C (1983)D was 14 year old girl with severe learning difficulties . Got into garden shed and poured white spirit onto carpet and set fire to it. Magistrates found she gave no thought to possibility of damage.
SHOWS HARSHNESS OF OBJECTIVE TEST FOR RECKLESSNESS (Ordinary prudent person) - 10Gemmell and Richards (2003)Two boys 11 and 12 - set fire to bundles of newspaper. Threw under wheelie bin in yard. Bin caught fire £1 million in damages
(Reasonable adult) - 11Jaggard v Dickson (1980)D drunk and went to what she thought was a friend's house. No one in - she broken window as believed friend would consent - had mistaken house for that of another.
Could rely on intoxication as defence. - 12Hunt (1978)Helped wife in position of deputy warden in block of flats. Set fire to bedding to show fire alarm not working. Judge refused to allow it was done to protect property.
- 13Blake v DPP (1983) (extended)Biblical quotation with pen on concrete post outside Houses of Parliament.
Carrying out God's instructions 5 (2) (a) as God consented to damage.
Damage was to protect Kuwaiti and Iraqi citizens defence under 5 (2) b - 14Cresswell and Currie (2006)Opposed to DEFRA's cull of badgers. D's destroyed traps set by DEFRA.
Believed had lawful excuse under 5 (2) - badgers were not property. - 15Steer (1987)D fired three shots at home of former business partner, causing damage to the house. CoA quashed appeal because danger came from shots not damage.
- 16Webster (1995)Three D's pushed large stone from a bridge onto train underneath. Hit roof of coach and debris showered passengers.
- 17Warwick (1995)D rammed police car and threw bricks at it causing rear window to smash and shower officers with broken glass. Held endangering life ... s 1 (2) even if brick had missed the intention was present.
- 18Cooper (2004)D lived in hostel for people needing support for mental illness - set fire to mattress and bedding. Said it did cross his mind a bit that people may be hurt. Trial judge directed using Cladwell which was not appropriate.
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- Y13 A Level Law Flashcards on Criminal Damage Cases, created by Stuart Halford on 23/11/2017.
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- Stuart Halford
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