Basic offence of criminal damage

Basic offence of criminal damage

1. Destroy or damage...

   • where property has been made useless even though it is not completely destroyed
   • Damage need only be slight and temporary, but the property must be physically altered, harmed or impaired
   • Likely to be criminal damage if it will cost time, money or effort to remove the damage
   • If D causes the property to be temporarily unfit for use
   • type and purpose of property may be relevant

2. ...property...

   • tangible in nature, real or personal
   • Intangible rights can't be damaged
   • Land is property which can be damaged
   • Property doesn't include mushrooms growing on wild land, flowers fruit or foliage
   • Includes wild creatures that have been tamed or kept in captivity

3. ...belonging to another

   • having the custody or control over it
   • having a charge on it
   • having in it any proprietary interest

4. Mens Rea

   • Intended to destroy or damage property belonging to another
     • Not enough that D intends to do the act which causes the damage unless he intends to cause the damage itself
     • D will lack the mens rea if he damages V's property under the mistake belief that it was his own
   • D was reckless as destroying or damaging property belonging to another
     • D can only be guilty if he realised the risk of casing destruction or damage of property which belonged to another and then went on to take that risk
   • Destroy or damage any property belonging to another without lawful excuse
     • The owner would have consented to the destruction or damage
     • Other property was at risk and in need of immediate protection and what he did was reasonable in all the circumstances
     • Belief doesn't need to be justified, just honestly held
     • If D has another purpose in doing the damage, defence no available
     • No defence where D believes he is acting to protect a person from harm
     • D cannot cause criminal damage to something in order to protect something which isn't in law considered to be property