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7.5.16.2 - Checklist: Criminal Damage

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Four elements the prosecution must prove beyond reasonable doubt:

1. The accused damaged or destroyed property; and

2. The property belonged to another person; and

3. The accused purposely damaged or destroyed the property, or knew or believed that damage or destruction was the likely result of his or her actions; and

4. The accused had no lawful excuse for damaging or destroying the property.

 

Damage or Destroy Property

1. Did the accused damage or destroy property?

If yes, then go to 2

If no, then the accused is not guilty of criminal damage

Belonging to Another

2. Did the property belong to another person?

If yes, then go to 3.1

If no, then the accused is not guilty of criminal damage

State of Mind of Accused

3.1 Did the accused act with the purpose of damaging or destroying the property?

If yes, then go to 4

If no, then go to 3.2

3.2 Did the accused know or believe that his or her actions were more likely than not to damage or destroy the property?

Consider – It is not enough to show that the accused realised that damage or destruction might occur, or was possible.

If yes, then go to 4

If no, then the accused is not guilty of criminal damage

Without Lawful Excuse

4. Did the accused act without lawful excuse?

If yes, then the accused is guilty of criminal damage (as long as you also answered yes to questions 1, 2 and 3.1 or 3.2)

If no, then the accused is not guilty of criminal damage

Last updated: 30 May 2014

 

See Also

7.5.16 - Criminal Damage

7.5.16.1 - Charge: Criminal Damage