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    Criminal Damage To Property

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    Shehroz Khan Dutani
    Criminal damage is defined as destroying or damaging property belonging to another without lawful excuse and either intending to damage the property or being reckless about damaging it. Aggravated criminal damage involves intending to endanger someone's life. If property is damaged by fire, the charge is arson. A lawful excuse exists if the defendant reasonably believed the property needed immediate protection.

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    Criminal Damage To Property

    Uploaded by

    Shehroz Khan Dutani
    12 views5 pages
    Criminal damage is defined as destroying or damaging property belonging to another without lawful excuse and either intending to damage the property or being reckless about damaging it. Aggravated criminal damage involves intending to endanger someone's life. If property is damaged by fire, the charge is arson. A lawful excuse exists if the defendant reasonably believed the property needed immediate protection.

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    Criminal Damage to Property

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    Criminal damage is defined as destroying or damaging property belonging to another without lawful excuse and either intending to damage the property or being reckless about damaging it. Aggravated criminal damage involves intending to endanger someone's life. If property is damaged by fire, the charge is arson. A lawful excuse exists if the defendant reasonably believed the property needed immediate protection.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pptx, pdf, or txt
    12 views5 pages

    Criminal Damage To Property

    Uploaded by

    Shehroz Khan Dutani
    Criminal damage is defined as destroying or damaging property belonging to another without lawful excuse and either intending to damage the property or being reckless about damaging it. Aggravated criminal damage involves intending to endanger someone's life. If property is damaged by fire, the charge is arson. A lawful excuse exists if the defendant reasonably believed the property needed immediate protection.

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    CRIMINAL DAMAGE TO

    PROPERTY
    Criminal Damage is necessary only in
    relation to Burglary.
    S.1 CRIMINAL DAMAGE ACT 1971
    • “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 such property would be
    destroyed or damaged shall be guilty of an offence.”
    S 1(2) 1971 ACT
    • Aggravated offence to unlawfully destroy or
    damage property with the intention of
    endangering the life of another, whether the
    property belongs to the offender, or to
    another. 

    • R v Denton
    S.1(3) 1971 ACT

    • If the damage or destruction to property in


    the above offences is by fire, the charge shall
    be arson.
    LAWFUL EXCUSE S.5(2)(B)
    • The defendant shall have a lawful excuse if he
    believed that the property was in need of
    immediate protection and the measures taken
    were reasonable.

    • R v Hunt

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