Main Cases and Statutes for Criminal Damage
Criminal Damage — Main Cases And Statutes
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.
Main Statute For Criminal Damage
| Statute | Importance |
|---|---|
| Criminal Damage Act 1971 | Main Law Governing Criminal Damage |
Section 1(1) Criminal Damage Act 1971 — Basic Criminal Damage
Rule
• Defendant Destroys Or Damages Property
• Belonging To Another
• Without Lawful Excuse
• Intending To Damage
OR
• Being Reckless As To Damage
Key Importance
• Main Basic Criminal Damage Offence
• Covers Intentional And Reckless Damage
• Damage May Be Temporary Or Permanent
Criminal Damage Universal Chain
• Property Exists
• Property Belongs To Another
• Damage/Destruction Occurs
• Defendant Intends/Reckless As To Damage
• No Lawful Excuse Applies
• Criminal Damage Established
Damage
Section 1(1) Criminal Damage Act 1971 — Damage Requirement
Rule
• Property Must Be Destroyed Or Damaged
Key Importance
• Damage May Be Temporary
• Cleaning Costs Important
• Functional Impairment May Suffice
• Physical Breakage Not Always Necessary
Main Cases For Damage
| Case | Principle |
|---|---|
| Roe v Kingerlee | Temporary Damage Sufficient |
| Hardman | Cleaning Costs Constituted Damage |
| Fiak | Functional Impairment = Damage |
| Morphitis v Salmon | Trivial Damage Insufficient |
Roe v Kingerlee Chain
• Mud Applied To Prison Walls
• Cleaning Required
• Temporary Harm Sufficient
• Damage Established
Hardman Chain
• Pavement Painted With Washable Paint
• Extensive Cleaning Needed
• Cleaning Costs Constituted Damage
• Criminal Damage Established
Fiak Chain
• Defendant Blocked Cell Toilet
• Cell Became Unusable
• Functional Impairment Occurred
• Damage Established
Morphitis v Salmon Chain
• Minor Scratch Added To Existing Damage
• Harm Too Trivial
• Damage Requirement Failed
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.
Destruction
Section 1(1) Criminal Damage Act 1971 — Destruction
Rule
• Serious Or Irreversible Damage May Constitute Destruction
Key Importance
• Complete Ruin Not Always Necessary
• Extent Of Harm Important
Destruction Universal Chain
• Severe Harm Occurs
• Property Substantially Ruined
• Destruction Established
Property
Section 10 Criminal Damage Act 1971 — Property
Rule
Property Includes:
• Real Property
• Personal Property
• Tangible Property
Key Importance
• Tangible Property Protected
• Human Body Not Property
• Data Alone Usually Not Property
Main Cases For Property
| Case | Principle |
|---|---|
| A (Juvenile) v R | Human Body Not Property |
| Whiteley | Data Itself Not Property |
A (Juvenile) v R Chain
• Defendant Bit Victim
• Human Body Considered Non-Property
• Criminal Damage Failed
Whiteley Chain
• Defendant Altered Computer Data
• Data Itself Not Property
• Only Physical Damage Counted
Belonging To Another
Section 10 Criminal Damage Act 1971 — Belonging To Another
Rule
• Property Belongs To Person With Custody, Control Or Proprietary Interest
Key Importance
• Ownership Not Necessary
• Shared Interests Sufficient
• Defendant May Damage “Own” Property If Another Has Interest
Main Cases For Belonging To Another
| Case | Principle |
|---|---|
| Smith | Tenant Could Damage “Own” Property |
| Hall | Property Given For Specific Purpose Belonged To Another |
Smith Chain
• Defendant Damaged Property He Occupied
• Landlord Retained Proprietary Interest
• Property Belonged To Another
• Criminal Damage Possible
Hall Chain
• Property Held For Specific Purpose
• Another Person Retained Interest
• Belonging To Another Established
Intention
Section 1(1) Criminal Damage Act 1971 — Intention
Rule
• Defendant Must Intend Damage
Key Importance
• Desire/Purpose To Cause Damage
• Virtual Certainty May Establish Intention
Main Cases For Intention
| Case | Principle |
|---|---|
| Mohan | Intention = Aim/Purpose |
| Woollin | Virtual Certainty Principle |
Mohan Chain
• Defendant Desired Result
• Purpose To Cause Damage Proven
• Intention Established
Woollin Chain
• Consequence Virtually Certain
• Defendant Appreciated Certainty
• Intention Inferred
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.
Recklessness
Section 1(1) Criminal Damage Act 1971 — Recklessness
Rule
• Defendant Reckless As To Damage
Key Importance
• Subjective Test Applies
• Defendant Must Personally Foresee Risk
Main Cases For Recklessness
| Case | Principle |
|---|---|
| R v G | Subjective Recklessness |
| Caldwell | Previous Objective Test |
| Elliott v C | Objective Test Criticised |
R v G Chain
• Defendant Personally Foresees Risk
• Risk Unreasonable
• Defendant Continues Conduct
• Recklessness Established
Caldwell Chain
• Court Applied Objective Standard
• Awareness Of Risk Not Required
• Later Rejected
Elliott v C Chain
• Objective Test Produced Harsh Result
• Vulnerable Defendant Liable Unfairly
• Caldwell Criticised
Section 5 Criminal Damage Act 1971 — Lawful Excuse
Rule
Defendant Has Lawful Excuse Where They Honestly Believe:
• Owner Would Consent
OR
• Damage Necessary To Protect Property
Key Importance
• Honest Belief Need Not Be Reasonable
• Subjective Test Applied
• Defence May Prevent Liability
Main Cases For Lawful Excuse
| Case | Principle |
|---|---|
| Jaggard v Dickinson | Honest Mistaken Belief In Consent |
| Denton | Belief In Permission Prevented Liability |
| Chamberlain v Lindon | Protection Of Property Defence |
Jaggard v Dickinson Chain
• Defendant Mistakenly Believed Consent Existed
• Honest Belief Accepted
• Lawful Excuse Established
• Liability Prevented
Denton Chain
• Defendant Believed Damage Permitted
• Honest Belief Prevented Criminal Liability
Chamberlain v Lindon Chain
• Defendant Damaged Property To Protect Other Property
• Honest Belief In Necessity Existed
• Lawful Excuse Established
Consent
Section 5 Criminal Damage Act 1971 — Consent
Rule
• Honest Belief In Consent May Prevent Liability
Key Importance
• Actual Consent Not Necessary
• Genuine Belief Sufficient
Main Cases
| Case | Principle |
|---|---|
| Jaggard v Dickinson | Honest Mistake Sufficient |
| Denton | Genuine Belief Prevented Liability |
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.
Protection Of Property
Section 5 Criminal Damage Act 1971 — Property Protection
Rule
• Damage May Be Excused If Necessary To Protect Property
Key Importance
• Defendant Must Honestly Believe Action Necessary
• Conduct Must Relate To Property Protection
Main Cases
| Case | Principle |
|---|---|
| Chamberlain v Lindon | Property Protection Defence Accepted |
Protection Universal Chain
• Defendant Believes Property Threatened
• Damage Used To Protect Property
• Honest Belief Exists
• Lawful Excuse Established
Section 1(2) Criminal Damage Act 1971 — Aggravated Criminal Damage
Rule
• Defendant Damages Property
• Intending/Reckless As To Damage
• Intending/Reckless As To Endangering Life
Key Importance
• More Serious Offence
• Life Must Be Endangered Through Damage
• Recklessness Sufficient
Main Cases For Aggravated Criminal Damage
| Case | Principle |
|---|---|
| Steer | Damage Itself Must Endanger Life |
| Webster | Fire Damage Endangered Life |
| Sangha | Actual Risk To Life Required |
Steer Chain
• Defendant Fired Shots At Window
• Bullets Caused Danger Rather Than Damage
• Damage Itself Did Not Endanger Life
• Aggravated Criminal Damage Failed
Webster Chain
• Defendant Started Fire
• Fire Damage Created Risk To Life
• Aggravated Criminal Damage Established
Sangha Chain
• Court Examined Actual Danger To Life
• Genuine Risk Required
• Aggravated Criminal Damage Assessed Strictly
Endangering Life
Section 1(2) Criminal Damage Act 1971 — Endangerment
Rule
• Damage Itself Must Create Risk To Life
Key Importance
• Separate Danger Insufficient
• Link Between Damage And Risk Required
Main Cases
| Case | Principle |
|---|---|
| Steer | Damage Must Cause Danger |
| Webster | Fire Damage Endangered Life |
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.
Section 1(3) Criminal Damage Act 1971 — Arson
Rule
• Criminal Damage Committed By Fire Constitutes Arson
Key Importance
• Same Elements As Criminal Damage
• Fire Must Cause Damage
• Intention/Recklessness Required
Main Cases For Arson
| Case | Principle |
|---|---|
| Miller | Omission Created Arson Liability |
| R v G | Subjective Recklessness Applied |
Miller Chain
• Defendant Accidentally Started Fire
• Became Aware Of Danger
• Failed To Prevent Damage
• Omission Created Liability
• Arson Established
Omission
Common Law + Criminal Damage Act 1971
Rule
• Failure To Act May Create Liability Where Duty Exists
Key Importance
• Creating Dangerous Situation Creates Duty
• Failure To Reduce Danger May Create Criminal Liability
Main Cases
| Case | Principle |
|---|---|
| Miller | Omission Liability Established |
Miller Omission Chain
• Defendant Created Dangerous Situation
• Duty To Prevent Harm Arose
• Defendant Failed To Act
• Criminal Liability Established
Most Important Criminal Damage Statutes To Memorise
| Section | Topic |
|---|---|
| s1(1) Criminal Damage Act 1971 | Basic Criminal Damage |
| s1(2) Criminal Damage Act 1971 | Aggravated Criminal Damage |
| s1(3) Criminal Damage Act 1971 | Arson |
| s5 Criminal Damage Act 1971 | Lawful Excuse |
| s10 Criminal Damage Act 1971 | Property + Belonging To Another |
Most Important Criminal Damage Cases To Memorise
| Area | Case |
|---|---|
| Temporary Damage | Roe v Kingerlee |
| Cleaning Costs | Hardman |
| Functional Damage | Fiak |
| Trivial Damage | Morphitis v Salmon |
| Human Body Not Property | A (Juvenile) v R |
| Data Not Property | Whiteley |
| Proprietary Interest | Smith |
| Intention | Mohan |
| Virtual Certainty | Woollin |
| Subjective Recklessness | R v G |
| Previous Objective Test | Caldwell |
| Criticism Of Caldwell | Elliott v C |
| Honest Belief In Consent | Jaggard v Dickinson |
| Consent Defence | Denton |
| Protection Of Property | Chamberlain v Lindon |
| Damage Must Endanger Life | Steer |
| Actual Risk To Life | Sangha |
| Fire Damage | Webster |
| Omission Liability | Miller |
Most Important Universal Chains
Criminal Damage Universal Chain
• Property Exists
• Property Belongs To Another
• Damage/Destruction Occurs
• Intention/Recklessness Proven
• No Lawful Excuse Applies
• Criminal Damage Established
Recklessness Universal Chain
• Defendant Foresees Risk
• Risk Unreasonable
• Conduct Continues
• Recklessness Established
Lawful Excuse Universal Chain
• Honest Belief Exists
• Consent/Protection Of Property Involved
• Subjective Test Applied
• Liability Prevented
Aggravated Criminal Damage Universal Chain
• Damage Occurs
• Damage Endangers Life
• Defendant Intends/Reckless As To Risk
• Aggravated Criminal Damage Established
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.