Someone recently bought our

students are currently browsing our notes.

X

Criminal Damage Notes

GDL Law Notes > GDL Criminal Law Notes

This is an extract of our Criminal Damage document, which we sell as part of our GDL Criminal Law Notes collection written by the top tier of Cambridge/Bpp/College Of Law students.

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:

Revision: Criminal

[CRIMINAL DAMAGE]
The Basic Offence

*

S1(1) Criminal Damage Act 1971

*

Five Elements:

1. Damage;

2. Property;

3. Belonging to Another;

4. Without lawful excuse; and

5. Intention or reckless as to the damage or destruction

Actus Reus (a) Destroy or Damage o

1971 Act does not define 'damage' or 'destroy' - generally agreed that to destroy something is to damage it

o

Whether property is damaged is a question of fact and degreeSamuels v Stubbs: difficult to have a definition - guided by circumstances of each case, the nature of the article and the mode by which it was affected

*

Doesn't need to render property useless/prevent it from serving normal function

o

A (a juvenile) v R: Spitting on policeman's coat was not criminal damage - implies that there must be some expense on the part of the owner to restore property to previous condition

o

Hardman v Chief Constable of Avon: damage need not be permanent (soluble paint)

o

Roe v Kingerlee: mud spread on the walls of police cell was damage even though could be easily removed

o

Common sense approach approved by Morphitis v Salmon: Criminal damage includes physical harm and also temporary impairment of value/usefulness - here impairment of usefulness of a barrier

(b) Property o

s10(1) Criminal Damage Act 1971: must be tangible whether real or personal, including moneys10(1)(a) - including wild creatures which have been tameds10(1)(b) - not including mushrooms, fruit, foliage growing wild on any land 1

Buy the full version of these notes or essay plans and more in our GDL Criminal Law Notes.