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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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