Flashcards in Criminal Damage Deck (9)
Which act is criminal damage under?
Criminal Damage Act 1971
Defendant intentionally or ...... destroying or ...... property ........without.....
Defendant intentionally or recklessly destroying or damaging property belonging to another without lawful excuse
What is the AR of criminal damage?
Damaging or destroying any property belonging to another
What is the MR of criminal damage?
Intent or recklessness as to the damages/distraction and ownership
Defences for Criminal Damage
A) Without lawful excise
B) If the defendant honestly believed the owner was consenting/would consent
C) it is a defence to damage property trying to protect yours or another's
Roe v Kingerlee (1986)
Graffiti which could be removed easily constituted criminal damage
Jaggard v Dickinson (1981)
Broke into her friends house after she become stranded on a night out
Genuinely believed her friend would be ok with this
Turned out to be the wrong house
Reckless as to the ownership
Blake v DPP (1993)
Vicar engraved a biblical quote onto a contrite pilar in protest against the Gulf War
Claimed consent from G-d
Was not justified