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Criminal Damage Notes

GDL Law Notes > GDL Criminal Law Notes

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A more recent version of these Criminal Damage notes – written by Cambridge/Bpp/College Of Law students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our GDL Criminal Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Criminal: Criminal Damage Criminal Damage Act 1971 - Offences.

Criminal Damage: s1(1). Aggravated Criminal Damage: s1(2). Arson: s1(1) + s1(3). Aggravated Arson: s1(2) + s1(3). Making threats to destroy or damage property: s2. Possession with intent to destroy or damage property: s3.

(Basic) Criminal Damage: s1(1) Criminal Damage Act 1971.

s1(1) CDA 1971: d. without lawful excuse damages or destroys 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. max. sentence: 10 years imprisonment.

Actus Reus: destroy or damage property belonging to another.

- Destroy or damage: not defined in Act - case law re: def. of 'damage'. no general rule: matter of fact + degree - Samuel v Stubbs [1972]: (circs., nature of article + mode affected). might include: injury, mischief, harm to property. no need to render property useless / prevent it from serving normal function. need not be permanent: Hardman v CC of Avon [1986]: CND protesters painted silhouettes on pavement using soluble paint (would eventually wash away); council did not wait + used high-pressure hoses to remove ? CoA: damage.

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