Criminal Damage As Defined In Criminal Damage Act 1971: S1 – Destroying Or Damaging Property – Actus Reus And Mens Rea (Copy)
Criminal Damage As Defined In Criminal Damage Act 1971: s1 – Destroying Or Damaging Property – Actus Reus And Mens Rea
(England And Wales — Statutes & Case Law Only — Tabular, Quick-Revision, Examiner-Focused)
Statutory Definition (s1 Criminal Damage Act 1971)
| Statute | Provision | Legal Effect |
|---|---|---|
| Criminal Damage Act 1971 s1(1) | “A person who without lawful excuse destroys or damages any property belonging to another, intending to destroy or damage such property or being reckless as to whether such property would be destroyed or damaged…” | Creates basic offence |
| Criminal Damage Act 1971 s1(2) | Aggravated form where life is endangered | Separate offence (not covered here) |
Structure Of The Offence (s1(1))
| Component | Requirement |
|---|---|
| Actus reus | Destroying or damaging property belonging to another |
| Mens rea | Intention or recklessness as to destruction or damage |
| Lawful excuse | Absence required (defence, not element) |
ACTUS REUS
1. “Destroying Or Damaging”
| Issue | Authority | Principle |
|---|---|---|
| Meaning of damage | Roe v Kingerlee (1986) | Damage = impairment of usefulness or value |
| Temporary damage | Hardman v Chief Constable of Avon (1986) | Temporary impairment sufficient |
| Physical damage not required | Morphitis v Salmon (1990) | Expense/inconvenience may suffice |
| Minor damage | A v R (1978) | Trivial damage can qualify |
- “Destroy” = complete ruination
- “Damage” interpreted widely
- Includes:
- Physical harm
- Temporary impairment
- Cleaning or repair costs
Examples Of “Damage”
| Conduct | Damage? | Authority |
|---|---|---|
| Mud on wall requiring cleaning | Yes | Hardman |
| Scratch on surface | Yes | Roe |
| Flooding a house | Yes | Morphitis |
| Trivial mark needing no repair | Possibly no | A v R |
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions And 11 World Records For Educate A Change AS Level Law Full Scale Course
2. “Property”
| Definition | Authority |
|---|---|
| Property includes tangible property | s10 CDA 1971 |
| Includes land, buildings, vehicles | s10 |
| Excludes wild flowers growing wild | s10 |
| Case | Principle |
|---|---|
| R v Whiteley (1991) | Data not property under CDA |
3. “Belonging To Another”
| Rule | Authority |
|---|---|
| Property belongs to another if they have custody, control, proprietary right or interest | s10(2) CDA 1971 |
| Case | Principle |
|---|---|
| R v Smith (1974) | Can damage own property if another has interest |
| R v Turner (No 2) (1971) | Ownership does not exclude liability |
- Even owners can be liable if:
- Someone else has an interest
- Someone else has possession/control
MENS REA
Required Mental Element (s1(1))
| Mens Rea Type | Requirement |
|---|---|
| Intention | To destroy or damage property |
| Recklessness | As to whether property would be destroyed or damaged |
Intention
| Case | Principle |
|---|---|
| R v Moloney (1985) | Ordinary meaning of intention |
| R v Steer (1988) | Intention relates to damage, not consequences |
- D must intend:
- Destruction or
- Damage
- No need to intend:
- Extent of damage
- Specific outcome
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions And 11 World Records For Educate A Change AS Level Law Full Scale Course
Recklessness
| Test | Authority | Principle |
|---|---|---|
| Subjective recklessness | R v G (2003) | Awareness of risk + unreasonable taking |
| Risk of damage | R v G | Damage must be foreseen |
- D must:
- Foresee a risk of damage
- Unreasonably take that risk
- Objective recklessness no longer applies
Mens Rea As To “Belonging To Another”
| Rule | Authority |
|---|---|
| No need to know property belongs to another | R v Smith (1974) |
- Mens rea relates to:
- Damage
- Not ownership
Coincidence Of Actus Reus And Mens Rea
| Principle | Authority |
|---|---|
| Mens rea must exist at time of damage | General rule |
| Continuing act doctrine applies | Common law |
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions And 11 World Records For Educate A Change AS Level Law Full Scale Course
Actus Reus + Mens Rea Combined Table
| Element | Requirement | Key Authority |
|---|---|---|
| Damage | Impairment of value/use | Roe |
| Property | Tangible property | s10 |
| Belonging to another | Any proprietary interest | Smith |
| Intention | Direct/oblique | Moloney |
| Recklessness | Subjective awareness | R v G |
Examiner Scenario Table
| Scenario | Liability Under s1? | Reason |
|---|---|---|
| Scratches someone’s car deliberately | Yes | Intent + damage |
| Causes damage foreseeing risk | Yes | Recklessness |
| Damages own car under hire agreement | Yes | Belonging to another |
| Accidental damage without foresight | No | No mens rea |
| Purely trivial mark | Possibly no | De minimis |
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions And 11 World Records For Educate A Change AS Level Law Full Scale Course
Examiner Hotspots
| Issue | Key Authority |
|---|---|
| Meaning of damage | Roe; Hardman |
| Temporary damage | Hardman |
| Ownership issues | Smith; Turner |
| Recklessness test | R v G |
| Property definition | s10 CDA |
Common Examiner Errors
| Error | Correction |
|---|---|
| Requiring permanent damage | Temporary suffices |
| Using objective recklessness | Use R v G |
| Assuming owner cannot be liable | Smith disproves |
| Confusing s1(1) and s1(2) | Separate offences |
High-Yield Examiner Lines
- “Damage includes any impairment of value or usefulness.”
- “Temporary damage is sufficient for criminal damage.”
- “A person may be guilty even if they own the property.”
- “Recklessness is judged subjectively under R v G.”
- “Mens rea relates to damage, not ownership.”
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions And 11 World Records For Educate A Change AS Level Law Full Scale Course