Criminal Damage Act 1971 Basic Offence of Criminal Damage s.1(1)

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Presentation transcript:

Criminal Damage Act 1971 Basic Offence of Criminal Damage s.1(1) Criminal Damage using fire (arson) s.1(3) Aggravated offence endangering life.1(2)

Basic Offence of Criminal Damage s.1(1) Actus Reus Destroy or damage Property Belonging to another s.10(2) No longer fit for purpose. Damage can be permanent or temporary, held to have occurred if time, money and effort are required to return property to original state. Custody or control Proprietary interest Charge

Basic Offence of Criminal Damage s.1(1) Definition of ‘Damage’

Basic Offence of Criminal Damage s.1(1) Definition of ‘Property’

Basic Offence of Criminal Damage s.1(1) Mens Rea Intention to destroy or damage property Recklessness as to whether property would be destroyed or damaged Without Lawful Excuse R V Pembleton R V Cunningham 1. Did D forsee risk of criminal damage occuring but continue anyway? S. 5(2) (a) Believe owner would have consented to the damage S. 5(2) (b) For protection of property in immediate danger S. 5(2) (a) Believe owner would have consented to the damage S. 5(2) (b) For protection of property in immediate danger Blake V DPP (1993) R V Baker & Wilkins (1997)

Aggravated Offence endangering life s.1(2) Same actus reus and mens rea as s.1 but with an additional element. What’s the difference with the basic offence.? Mens Rea Cunningham Recklessness Actus Reus Destroy or damage any property Endanger the life of another

Destruction or damage by fire s.1(3) Same actus reus and mens rea as s.1 but with an additional element. What’s the difference with the basic offence.? Mens Rea Cunningham Recklessness Actus Reus Destroy or damage any property Endanger the life of another

Plenary: Pick a number 1 2 3 4 5 6 7 8 9 10

Question 1 Identify each of the AR elements required for s.1(1) offence of criminal damage. Destroy/Damage, Property belonging to another

What test is applied to decide if property has been damaged? Question 2 What test is applied to decide if property has been damaged? No longer fit for purpose. Damage can be permanent or temporary, held to have occurred if time, money and effort are required to return property to original state.

Explain the decision in Morphitus V Salmon (1990) Question 3 Explain the decision in Morphitus V Salmon (1990) Scratches on Scaffolding did not constitute damage.

What are the 2 specific defences under s.5(2) without lawful excuse? Question 4 What are the 2 specific defences under s.5(2) without lawful excuse? S. 5(2) (a) Believe owner would have consented to the damage S. 5(2) (b) For protection of property in immediate danger

What act governs the law on Criminal Damage? Question 5 What act governs the law on Criminal Damage?

Question 6 Explain why in Jaggard V Dickenson (1980) the defence was pleaded successfully?

What are the 3 types of Criminal Damage? Question 7 What are the 3 types of Criminal Damage?

What is the Mens Rea for s.1(2) Criminal Damage? Question 8 What is the Mens Rea for s.1(2) Criminal Damage?

Explain the decision in R V Steer (1987)? Question 9 Explain the decision in R V Steer (1987)?

What legal rule is illustrated by R V Sangha? Question 10 What legal rule is illustrated by R V Sangha?