How do you prove criminal damage?

How do you prove criminal damage?

To prove the offence of causing criminal damage under the 1971 Act, the following elements need to be established:

1. Damage (temporary or permanent) was caused.
2. That damage occurred to property.
3. The damaged property belonged to another.
4. The damage was caused without lawful excuse.

Is criminal damage common law?

Criminal damage in English law was originally a common law offence. The modern law of criminal damage is mostly contained in the Criminal Damage Act 1971, which redefines or creates several offences protecting property rights.

Can you consent to criminal damage?

Is there a defence to criminal damage? Whether the offence is committed depends on damage being caused without “lawful excuse”. You would have lawful excuse if you believed you had consent to cause the damage or would have had consent or that you were protecting your own property or that belonging to someone else.

Is criminal damage a criminal offence?

Section 1(1) of the Criminal Damage Act 1971 creates an offence of destroying or damaging any property belonging to another person, whether intentionally or recklessly, without lawful excuse. This offence attracts a penalty of a term of imprisonment not exceeding ten years.

What is an example of criminal damage?

Examples of criminal damage include arson, forced entry into a property, graffiti on a public building, and destruction/damage of items belonging to another. Even if the items damaged can be repaired, individual(s) can still be prosecuted.

What type of crime is criminal damage?

The Criminal Damage Act 1971 (CDA 1971) is the primary source of offences involving damage to property. It created a statutory offence of arson and abolished the common law offence (s. 11 CDA 1971).

What act is criminal damage under?

The Criminal Damage Act 1971
The Criminal Damage Act 1971 (CDA 1971) is the primary source of offences involving damage to property.

How serious is criminal damage?

Even if the items damaged can be repaired, individual(s) can still be prosecuted. Such a charge can be subject to penalties including fines and possible imprisonment. The offences of criminal damage are set out in the Criminal Damage Act 1971.

What is the mens rea of criminal damage?

The mens rea of simple criminal damage consists of intention or recklessness as to the destroying or damaging of property belonging to another.

Does criminal damage have to be permanent?

The offence of criminal damage is committed when a person destroys or damages property belonging to another person without lawful excuse, in contravention of the Criminal Damage Act 1971. The damage caused as a result of the offence does not have to be permanent.

Is criminal damage indictable?

What is Criminal Damage? The offence of criminal damage is prosecuted under the Criminal Damage Act 1971. If the offence is aggravated under s1 (2) – endangering life or s1 (3) – arson then the offence is ‘indictable only’ and can be tried only in the Crown Court.

What section is criminal damage?

Section 1(1) CDA 1971 – A person who without lawful excuse destroys or damages any property belonging to another, intending to destroy or damage any such property, or being reckless as to whether any such property would be destroyed or damaged, shall be guilty of an offence.

What are the mens rea of simple criminal damage?

S.10 (2) Criminal Damage Act 1971 provides that property will be regarded as belonging to any person having: The mens rea of simple criminal damage consists of intention or recklessness as to the destroying or damaging of property belonging to another.

What is Criminal Damage Act 1971?

S.1 (1) of Criminal Damage Act- 1971 provides: “ A person who without lawful excuse destroys or damages any property belonging to another intending or damage to any such property of being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.”

What are the mens rea of aggravated criminal damage / arson?

Unlike simple criminal damage / simple arson, the mens rea of the aggravated offences is made up of two separate elements. In order for Earl to be found guilty of aggravated criminal damage the prosecution must prove that he: (ii) intended to or was reckless as to life being endangered by the property damage.

What is aggravated criminal damage under CDA 1971?

To be guilty of aggravated criminal damage under CDA 1971 it must be established beyond reasonable doubt that Earl: destroyed or damaged property belonging to another without lawful excuse (actus reus) and intentionally or recklessly endangered life by the damage (mens rea)