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Criminal law criminal damage ACT 19714 OFFENCES: S1(1) CRIMINAL DAMAGE
AR -> DAMAGE OR DESTROY PROPERTY BELONGING TO ANOTHER W/O LAWFUL EXCUSE
MR -> INTENTIONALLY OR RECKLESSLY
S1(2) CRIMINAL DAMAGE ENDANGERING LIFE
S1(3) ARSON
S2 THREATENING TO DESTROY OR DAMAGE PROPERTY
S3 POSSESSING ANYTHING WITH INTENT TO DESTROY OR DAMAGE PROPERTY
‘AGGRAVATED CRIMINAL DAMAGE’
AR -> *BELONGING TO HIMSELF OR ANOTHER
MR -> *WITH INTENTION OR RECKLESSLY ((ENDANGER LIFE))
STEER CASE WHERE D WENT TO FORMER BUSINESS PARTNER HOUSE AFTER DISPUTE
AND USED GUN TO FIRE SEVERAL SHOTS THROUGH WINDOW. WAS NOT CHARGED FOR
S1(2) AS ENDANGER TO LIFE MUST BE CAUSED BY PROPERTY DAMAGE BUT IN THIS CASE,
CAME FROM GUN.
‘ARSON’
AR -> *USING FIRE
MR -> INTENTIONALLY OR RECKLESSLY
‘THREATENING TO DESTROY OR DAMAGE PROPERTY’
AR -> *THREATEN
MR -> WITH INTENTION OR KNOWLEDGE THAT ANOTHER WOULD FEAR THREAT WOULD BE
CARRIED OUT ((THAT THREAT OF DAMAGE/DESTRUCTION WOULD LIKELY ENDANGER LIFE))
‘POSSESS ANYTHING WITH INTENT TO DESTROY OR DAMAGE PROPERTY’
AR -> *POSSESSING ANYTHING LIKELY TO DESTROY/DAMAGE PROPERTY
MR -> *WITH INTENTION TO USE IT OR CAUSE/PERMIT ANOTHER PERSON TO USE IT TO
DESTROY/DAMAGE PROPERTY
OR
*WITH KNOWLEDGE IT CAN BE USED TO D/DP ((OR THAT OF THE USER IN A WAY LIKELY TO
ENDANGER LIFE))
‘MEANING OF DAMAGE’
ROE V KINGLERLEE CASE WHERE D SMEARED MUD AND GRAFFITI ON PRISON WALL
WHICH WAS S3. IT MUST BE MORE THAN TRIVIAL TO AMOUNT TO DAMAGE AND REQUIRE
MORE WORK TO REMOVE AND REDUCE VALUE OF THE DAMAGED PROPERTY. AS IT COST
COUNCIL MONEY TO REMOVE GRAFFITI, IT WAS CRIMINAL DAMAGE.
GAYFORD V CHOULER CASE WHERE THE DAMAGE DOES NOT HAVE TO BE PERMANENT.
TRESPASSER TRAMPLED ON HIS LONG GRASS AND THIS AMOUNTED TO DAMAGING
PROPERTY.
A (A JUVENILE) V R CASE WHERE DAMAGES MUST BE MORE THAN MERE TRIVIAL. IN THIS
CASE, THE D HAD SPAT ON THE OFFICERS JACKET WHICH WAS TOO MINOR TO BE
CRIMINAL DAMAGE AS THEY COULD JUST WIPE IT OFF.
S10(1) DEFINITION OF PROPERTY
○ MUST ONLY BE TANGIBLE PROPERTY
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