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 Damage revision notes--mock Basic crim damage -s1(1) AR:??
MR:damage/destroy: o Matter of 'fact and degree' (Samuels v Stubbs). o Can be temporary damage (Morphitas v Salmon; Fiak). o Expense/effort to restore?
? A (A juvenile) v R, no expense re spitting on policeman's coat, could just be wiped clean.
? Hardman v Chief Const Avon & Somerset: silhouettes painted on pavement using soluble paint; expense by council to clear up, doesn't matter wasn't permanent.
? Roe v Kingerlee: smeared mud on walls of police cell; cost to remove = damage. o Impairment of value or usefulness? (Morphitas v Salmon?
scratching on scaffolding, no impairment of value/usefulness).
? Also Fiak ? stuffed blanket down lavatory in cell; flushed until floor flooded; cell & Blanket rendered temporarily useless. Property---s10(1) o Tangible nature, real or personal, including money and (a) wild creatures tamed; (b) not including wild mushrooms/flowers etc. [[say, eg: 'this is tangible, personal property']]
o 'Tangible' property, not information (R v Whitely). Belonging to another-s10(2) o Can belong to more than one person, to oneself and another (eg if breaking a vase that belongs to you but also your wife). o Note, s10(2) includes someone with a proprietary right/interest-. o And someone with a 'charge' (s10(2)(c), eg a mortgagee. So could damage 'own' house if is mortgaged. o [[insurance company has an interest in the property, but not a proprietary one---Lucena v Craufurd]]. o (includes own property for s1(2), aggravated criminal damage). Unlawfully Intention/reckless as to destroying/damaging property belonging to another. o Intention---ordinary meaning (R v Maloney)---aim/purpose. o [[no oblique intent]].
1 o Reckless---R v G: reckless to (i) circumstances/result wen aware of the risk AND (ii) in circumstances, unreasonable to take that risk (social utility). -if no social utility---then not reasonable risk, even if very small risk (Chief Const Somerset & Avon v Shimmen).?
(1) (R v Smith)---D knows, or is reckless, to the property belonging to another (MR extends to whole of AR). o [[an 'honest though mistaken belief' that the property is his own ? no MR, Smith (James LJ)]]
o R v Smith: Tenant stripped wiring and floorboards etc; honestly believed was his own property; ignorance of civil law (land law) is can excuse. Not liable if honestly believed property belonged to himself. (2) Intention/reckless as to destroy/damage the property o For reckless, need to show also that the risk is unreasonable to take. o [[if you have strong evidence of direct intent, you don't need to consider recklessness]].
Aggravated crim dam -s1(2) AR??MR?
Destroy/damage [same as basic crim damage]
Property [same as basic crim damage]---tangible property---s10(1); R v Whitely Belonging to D or another (can apply to own property), different to s1(1). Without lawful excuse (special defences in s5 don't apply).
[[NOTE, no need for life to be actually endangered, not part of AR (R v Sangha)---could note this here or in MR]]. Intention or reckless as to destroying/damage property. o Intention (Maloney); reckless (R v G). AND Intention/reckless as to endangering the life of another by the damage/destruction: o Intention (Maloney); or reckless (R v G). o R v Sangha (firebomb through letter box; flat was empty): doesn't matter whether life was actually endangered
[this bit is only MR, not AR]. [[conduct crime, not result]]. o Also Dudley (firebomb at house; family put out the fire)---no need for life to actually be endangered. o R v Steer (fired shots at G, danger to life arose from the cause of the damage, the firing of gun, rather than the damage to property): The danger must come from the
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