CRIMINAL DAMAGE

CRIMINAL DAMAGE

1. S1 BASIC CRIMINAL DAMAGE under the criminal damage act 1971

2. Basic criminal damage

   • defined as "a person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any property would be destroyed or damage shall be guilty of an offence

3. ACTUS REUS

   • "destroys or damages property.... without lawful excuse"
   • Destroys and Damages, 1) was there an expense incurred to put the damage right 2)Has the usefulness of the property been effected 3) How permanent was the damage
     • APPLY TO SCENARIO, HARDMAN ROE V KINGERLEE in contrast to MORPHIFIS V SALMON
   • slight damage is enough GAYFORD V CHOULER

4. PROPERTY

   • Belonging to another
   • S1 states that the accused can destroy his own property
   • S5 CD ACT 1971, belief in consent and belief that property was in need of protection
   • APPLY TO SCEARIO... DPPV BLAKE