CRIMINAL DAMAGE

Two types
1. Simple Criminal Damage (Criminal damage Act 1971 S.1)
2. Aggravated Criminal Damage (Criminal damage Act 1971 S.2)
3. For damage with fire an extra charge of arson is brought (Criminal damage Act 1971 S. 1(3))

Simple Criminal Damage

S. 1(1): a person who without lawful excuse destroys or damages any property belonging to
another intending to damage any such property or being reckless as to whether any such property
would be destroyed or damaged shall be guilty of an offence.

Actus Reus
 Damage/ Destroy
 Property
 Belonging to another

Mens Rea
 Intending to destroy/damage
 Reckless as to damage/ destroy

Upon indictment for the violation of S.1(1) is imprisonment of 10 years (maximum) (S.4(2))

Actus Reus
Destroy/damage:
Any alteration to the physical nature of the property, depending on the circumstances, depending
on the property and depending on the nature of alteration.
For example, in the case of Morphitis v Salmon, scratching on the scaffolding bar was not held
to be damaged since the usefulness of the of the scaffolding was not affected. Here it can be seen
that damage was determined by the object and the alteration done to it.
Destroy is just an extreme of damage thus not very different from damage
Nature and Alteration:

Mens Rea
1. Intention: needed as to all element of the offence
2. subjective recklessness:

Intention:

Subjective Recklessness:
Cunninghum test:
1. Danger exists
2. D knows the danger exists
3. D yet takes the unjustified risk

Defense/ Lawful excuse (S. 5(2)(a)(b)

(a) Believed in consent of owner
(b) Believed that D was protecting his property/ anything therein

Special defence: full in nature

General defence available: duress/ necessity/ self- defence