Criminal Damage — Main Cases And Chains

Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.

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Definition Of Criminal Damage

Under s1 Criminal Damage Act 1971:

• A Person Commits Criminal Damage Where They
• Without Lawful Excuse
• Destroy Or Damage Property
• Belonging To Another
• Intending To Destroy/Damage
OR
• Being Reckless As To Destruction/Damage

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Core Structure Of Criminal Damage

Element	Requirement
Destruction/Damage	Physical Or Functional Harm
Property	Property Must Exist
Belonging To Another	Possession/Control Required
Intention/Recklessness	Mens Rea
Without Lawful Excuse	No Valid Defence

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Universal Criminal Damage Chain

• Property Exists
• Property Belongs To Another
• Damage/Destruction Occurs
• Defendant Intends/Reckless As To Damage
• No Lawful Excuse Applies
• Criminal Damage Established

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Damage Chains

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Definition Of Damage

Chain

• Damage Includes Permanent Harm
• Damage Includes Temporary Harm
• Expense/Effort To Restore Property Important
• Functional Impairment May Constitute Damage
• Jury Determines Sufficiency Of Damage

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Main Case — Roe v Kingerlee

Principle

• Mud On Prison Walls Constituted Damage Due To Cleaning Costs

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Main Case — Hardman v Chief Constable Of Avon And Somerset

Principle

• Washable Paint Constituted Damage Because Cleaning Required Time And Expense

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Main Case — Fiak

Principle

• Blocking Cell Toilet Caused Temporary Functional Damage

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Main Case — Morphitis v Salmon

Principle

• Trivial Scratch Did Not Constitute Criminal Damage Due To Existing Condition

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Damage High-Level Chain

• Property Harmed/Impaired
• Cleaning/Repair Required
OR
• Functionality Reduced
• Damage Established

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Destruction Chains

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Destruction Principle

Chain

• Severe/Irreversible Harm May Constitute Destruction
• Complete Loss Of Property Not Always Necessary
• Extent Of Harm Important

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Destruction High-Level Chain

• Serious Harm Occurs
• Property Substantially Ruined
• Destruction Established

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Property Chains

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Definition Of Property

Under Criminal Damage Act 1971:

• Property Includes Real Property
• Personal Property Included
• Tangible Property Protected

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Property Chain

• Property Must Exist
• Tangible Property Usually Required
• Ownership Not Essential
• Property Element Established

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Main Case — A (Juvenile) v R

Principle

• Human Body Not Property For Criminal Damage

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Main Case — Whiteley

Principle

• Data Itself Not Property
• Physical Computer Damage May Qualify

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Property High-Level Chain

• Tangible Property Exists
• Property Capable Of Damage
• Property Requirement Established

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Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.

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Belonging To Another Chains

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Definition

Property Belongs To Another Where:

• Another Person Has Custody
• Another Person Has Control
• Another Person Has Proprietary Right

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Belonging To Another Chain

• Victim Possesses/Controls Property
• Ownership Not Necessary
• Shared Ownership Sufficient
• Property Belongs To Another

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Main Case — Smith

Principle

• Tenant Could Damage Own Property If Landlord Retained Proprietary Interest

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Main Case — Hall

Principle

• Property Given For Specific Purpose Still Belonged To Another

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Belonging To Another High-Level Chain

• Another Person Retains Interest
• Possession/Control Exists
• Property Belongs To Another

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Intention Chains

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Criminal Damage Intention

Chain

• Defendant Desires Damage
OR
• Defendant Acts Knowing Damage Will Occur
• Purposeful Conduct Establishes Mens Rea

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Main Case — Mohan

Principle

• Intention Exists Where Consequence Is Defendant’s Aim/Purpose

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Intention High-Level Chain

• Defendant Acts Deliberately
• Damage Intended
• Mens Rea Established

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Recklessness Chains

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Subjective Recklessness

Chain

• Defendant Recognises Risk Of Damage
• Risk Unreasonable
• Defendant Continues Conduct
• Recklessness Established

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Main Case — R v G

Principle

• Defendant Must Personally Foresee Risk

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Previous Objective Recklessness

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Main Case — Caldwell

Principle

• Earlier Objective Recklessness Test

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Main Case — Elliott v C

Principle

• Objective Test Produced Harsh Results

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Transition Chain

• Caldwell Applied Objective Standard
• Courts Criticised Unfairness
• R v G Restored Subjective Recklessness

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Recklessness High-Level Chain

• Defendant Foresees Risk
• Risk Unreasonable
• Defendant Continues Conduct
• Recklessness Established

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Lawful Excuse Chains

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Definition Of Lawful Excuse

Under s5 Criminal Damage Act 1971:

Defendant Has Lawful Excuse Where:

• Believed Owner Would Consent
OR
• Acted To Protect Property

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Lawful Excuse Chain

• Defendant Holds Genuine Belief
• Belief Need Not Be Reasonable
• Honest Mistake May Suffice
• Lawful Excuse Prevents Liability

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Main Case — Jaggard v Dickinson

Principle

• Honest Mistaken Belief In Consent Created Lawful Excuse

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Main Case — Denton

Principle

• Belief In Consent Prevented Liability

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Main Case — Chamberlain v Lindon

Principle

• Damage To Protect Property Could Create Lawful Excuse

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Lawful Excuse High-Level Chain

• Defendant Believes Consent Exists
OR
• Defendant Protects Property
• Honest Belief Present
• Lawful Excuse Established

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Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.

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Protection Of Property Chains

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Protection Principle

Chain

• Defendant Acts To Protect Property
• Action Must Be Reasonable In Circumstances
• Honest Belief Important
• Damage May Be Excused

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Main Case — Chamberlain v Lindon

Principle

• Pulling Down Wall To Protect Property Could Be Lawful Excuse

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Honest Belief Chains

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Honest Belief Principle

Chain

• Defendant Need Only Honestly Believe Facts
• Belief Need Not Be Reasonable
• Subjective Test Applied
• Genuine Mistake May Prevent Liability

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Main Case — Jaggard v Dickinson

Principle

• Drunken Mistaken Belief In Consent Prevented Liability

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Aggravated Criminal Damage Chains

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Definition Of Aggravated Criminal Damage

Under s1(2) Criminal Damage Act 1971:

• Defendant Damages Property
• Intends/Reckless As To Damage
• Intends/Reckless As To Endangering Life
• Damage Endangers Life

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Aggravated Criminal Damage Chain

• Damage Occurs
• Life Endangered Through Damage
• Defendant Intends/Reckless As To Danger
• Aggravated Criminal Damage Established

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Main Case — Steer

Principle

• Damage Itself Must Endanger Life

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Main Case — Webster

Principle

• Recklessness As To Life Endangerment Sufficient

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Main Case — Sangha

Principle

• Damage Must Create Actual Risk To Life

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Endangering Life Chains

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Endangerment Principle

Chain

• Danger Must Come From Damage Itself
• Threat To Life Essential
• Risk May Be Direct Or Indirect
• Recklessness Sufficient

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Main Case — Steer

Principle

• Bullets Caused Danger Rather Than Damage Itself

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Main Case — Webster

Principle

• Fire Damage Created Risk To Life

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Arson Chains

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Definition Of Arson

Under Criminal Damage Act 1971:

• Criminal Damage By Fire Constitutes Arson

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Arson Chain

• Criminal Damage Elements Established
• Fire Causes Damage
• Arson Liability Established

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Main Case — Miller

Principle

• Failure To Extinguish Fire Created Liability

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Main Case — R v G

Principle

• Subjective Recklessness Applied To Arson

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Arson High-Level Chain

• Fire Causes Damage
• Defendant Intends/Reckless As To Fire Damage
• Criminal Damage Established
• Arson Established

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Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.

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Omissions Chains

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Omission Liability

Chain

• Defendant Creates Dangerous Situation
• Duty Arises To Prevent Harm
• Failure To Act Creates Liability
• Omission May Establish Actus Reus

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Main Case — Miller

Principle

• Defendant Accidentally Started Fire And Failed To Prevent Damage

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Criminal Damage Universal Exam Chain

• Property Exists
• Property Belongs To Another
• Damage/Destruction Occurs
• Defendant Intends/Reckless As To Damage
• No Lawful Excuse Applies
• Criminal Damage Established

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High-Level Criminal Damage Chains

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Damage Universal Chain

• Property Harmed
OR
• Functionality Reduced
• Cleaning/Repair Required
• Damage Established

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Recklessness Universal Chain

• Defendant Foresees Risk
• Risk Unreasonable
• Defendant Continues Conduct
• Recklessness Established

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Lawful Excuse Universal Chain

• Defendant Holds Honest Belief
• Consent/Protection Of Property Involved
• Belief Need Not Be Reasonable
• Lawful Excuse Established

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Aggravated Criminal Damage Universal Chain

• Property Damaged
• Life Endangered Through Damage
• Defendant Intends/Reckless As To Risk
• Aggravated Criminal Damage Established

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Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.

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Most Important Criminal Damage Cases To Memorise

Area	Case
Temporary Damage	Roe v Kingerlee
Cleaning Costs	Hardman
Functional Damage	Fiak
Trivial Damage	Morphitis
Property Rights	Smith
Human Body Not Property	A (Juvenile) v R
Computer/Data	Whiteley
Direct Intention	Mohan
Subjective Recklessness	R v G
Previous Objective Test	Caldwell
Honest Belief	Jaggard v Dickinson
Consent	Denton
Protection Of Property	Chamberlain v Lindon
Endangering Life	Steer
Risk To Life	Webster
Arson/Omissions	Miller

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Most Important Exam Chains

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Universal Criminal Damage Chain

• Property Exists
• Property Belongs To Another
• Damage/Destruction Occurs
• Intention/Recklessness Present
• No Lawful Excuse
• Criminal Damage Established

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Recklessness Universal Chain

• Defendant Foresees Risk
• Risk Unreasonable
• Defendant Continues Conduct
• Recklessness Established

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Aggravated Criminal Damage Chain

• Damage Occurs
• Life Endangered Through Damage
• Defendant Intends/Reckless As To Danger
• Aggravated Criminal Damage Established

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Lawful Excuse Chain

• Honest Belief Exists
• Consent/Protection Of Property Involved
• Belief Need Not Be Reasonable
• Liability Prevented

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Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.