Criminal Damage

1. Mrs Howe Criminal Damage Criminal Law A2

2. Mrs Howe Criminal Damage Act 1971 Four Offences:- Basic offence of criminal damage Aggravated criminal damage Arson Aggravated arson

3. Mrs Howe Basic Offence Write out the definition of criminal damage. S1(1) of the Criminal Damage Act Pg 155. Actus Reus:- Destroy or damage Property Belonging to another Mens Rea:- Specific intention to destroy or damage the property or Recklessness as to whether the property is destroyed or damaged

4. Mrs Howe Destroy or Damage No definition in new act. Same phrase used in law prior to 1971 act- precedent Damage should be interpreted widely Slight damage is enough- Gayford V Chouler- grass Destroy much stronger, includes where property made useless but not completely destroyed Does not have to be permanent- Roe V Kingerlee 1986 If it costs time, money and or effort to remove the damage- then criminal damage has occurred Hardman V Chief Constable of Avon and Somerset Constabulary 1986, Blake V DPP, Flak 2005. If no costs or effort in clearing up and can still be used no criminal damage. A (A) Juvenile V R 1978 �spit Type and purpose of property will be taken into account. Morphitis v Salmon 1990-scaffolding pole Although cases before 1971 are not binding they can provide a persuasive precedent.Although cases before 1971 are not binding they can provide a persuasive precedent.

5. Mrs Howe Activity Do activity on pg 157 of book

6. Mrs Howe Task Create a Table of Cases to explain Criminal Damage- Actus Reus

7. Mrs Howe Property Is defined in S 10 (1) CD Act 1971 Property of a tangible nature whether real or personal Includes animals, wild or domestic Not mushrooms, fruit, flowers, foliage of a plant growing wild. What does Real Property mean.What does Real Property mean.

8. Mrs Howe Belonging to Another Set out in 10 (2) CDA 1971 Property is treated as belonging to any person having the custody or control of it or Having in it any propriety right or interest or having a charge on it. For basic Criminal Damage property must belong to someone else. Not necessary for other offences.

9. Mrs Howe Mens Rea Must do damage either:- Intentionally or Recklessly Subjective recklessness- Maliciously and Unlawful

10. Mrs Howe Intention Must proof D intended to :- destroy or damage property belonging to another. Proving an act not enough- Pembilton 1874 Believing property is yours � means no intention to damage property belonging to another - Smith 1974

11. Mrs Howe Recklessness Initially courts used subjective recklessness test. Stephenson- Tramp Haystack However in Metropolitan Police Commissioner V Caldwell 1981 H of L Ruled that a person is reckless were they do an act which in fact created an obvious risk and had a not given any thought to consequence or (objective) b gave thought but carried on (subjective) Objective test hard on some D- Elliott v C

12. Mrs Howe Task Create a Table of Cases to explain Mens Rea Required for criminal damage

13. Mrs Howe Without Lawful Excuse