Simple Criminal Damage

S.1(1) CDA 1971

AR MR

Destroy/damage Intention/reckless as to
Property;S.10(1) tangiable damaging such property
Belonging to another
Without lawful excuse;S.5(2)(a),S.5(2)(b)

R v G and another*overruled Caldwell's

recklessness
Subjective test
Gayford v Chouler-Damage need not to be permanent;i.e.
trampeling down grass amounts to damage 1.Whether def was able to appreciate the
risk and nevertheless goes on to take the
Roe v Kingerlee- if the owner has to incur cost to restore the risk
property to his original condition then the property is
damaged 2.Whether is it unreasonable to take the risk
Morphitis v Salmon- If the value of usefulness of the
property is not impaired then there's no damage
S.5(2)(a)-def honestly believed that the owner will consent
S.5(2)(b)- Lawful excuse;D acted in order to protect their
own property