Criminal Damage in UK Law

Leading Cases
  • R v Caldwell
    • House of Lords
    • 19 March 1981

    if (1) he does an act which in fact creates an obvious risk that property will be destroyed or damaged and (2) when he does the act he either has not given any thought to the possibility of there being any such risk or has recognised that there was some risk involved and has nonetheless gone on to do it. That would be a proper direction to the jury; cases in the Court of Appeal which held otherwise should be regarded as overruled.

  • Dorset Yacht Company Ltd v Home Office
    • House of Lords
    • 06 May 1970

    To give rise to a duty on the part of the custodian owed to a member of the public to take reasonable care to prevent a Borstal trainee from escaping from his custody before completion of the trainee's sentence there should be some relationship between the custodian and the person to whom the duty is owed which exposes that person to a particular risk of damage in consequence of that escape which is different in its incidence from the general risk of damage from criminal acts of others which he shares with all members of the public.

    I should therefore hold that any duty of a Borstal officer to use reasonable care to prevent a Borstal trainee from escaping from his custody was owed only to persons whom he could reasonably foresee had property situate in the vicinity of the place of detention of the detainee which the detainee was likely to steel or to appropriate and damage in the course of eluding immediate pursuit and recapture.

  • R v Stephenson
    • Court of Appeal (Criminal Division)
    • 25 May 1979

    Assuming that by reason of his intoxication he is not proved to have foreseen the relevant risk, can he be said to have been "reckless"? Plainly not, unless cases of self-induced intoxication are an exception to the general rule. In our judgment the decision of the House of Lords in D.P.P. v. Majewski (1977) A.C. 443 makes it clear that they are such an exception.

  • Gray v Thames Trains Ltd and another
    • House of Lords
    • 17 June 2009

    It might be better to avoid metaphors like "inextricably linked" or "integral part" and to treat the question as simply one of causation. Can one say that, although the damage would not have happened but for the tortious conduct of the defendant, it was caused by the criminal act of the claimant? Or is the position that although the damage would not have happened without the criminal act of the claimant, it was caused by the tortious act of the defendant?

  • Hill v Chief Constable of West Yorkshire
    • House of Lords
    • 28 April 1988

    The conclusion must be that although there existed reasonable foreseeability of likely harm to such as Miss Hill if Sutcliffe were not identified and apprehended, there is absent from the case any such ingredient or characteristic as led to the liability of the Home Office in the Dorset Yacht case. Nor is there present any additional characteristic such as might make up the deficiency.

    In some instances the imposition of liability may lead to the exercise of a function being carried on in a detrimentally defensive frame of mind. A great deal of police time, trouble and expense might be expected to have to be put into the preparation of the defence to the action and the attendance of witnesses at the trial. The result would be a significant diversion of police manpower and attention from their most important function, that of the suppression of crime.

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Legislation
  • Criminal Damage Act 1971
    • UK Non-devolved
    • January 01, 1971
  • Modern Slavery Act 2015
    • UK Non-devolved
    • January 01, 2015
    ... ... 5(4) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 ... the meaning of section 8 above) ;(c) references to injury, loss or damage were references to harm;F54(d) the reference in section 143(5) (b) (iii) ... ...
  • The Criminal Damage (Compensation) (Amendment) (Northern Ireland) Order 2009
    • UK Non-devolved
    • January 01, 2009
  • Sentencing Act 2020
    • UK Non-devolved
    • January 01, 2020
    ... ... that may be relevant in relation to sentencing, see—(a) Criminal Procedure Rules, and(b) sentencing guidelines ... Annotations: ... (a) to pay compensation for any personal injury, loss or damage resulting from—(i) the offence, or(ii) any other offence which is taken ... ...
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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • Chapter CH880400
    • HMRC guidance manuals collection
    ... ... Act requirements and because we may need to disclose emails in criminal prosecution cases. We must also avoid reputational damage if a Freedom of ... ...
  • Chapter TSEM5905
    • HMRC guidance manuals collection
    ... ... Trusts arising from Criminal Injuries Compensation Authority awards - see TSEM5930 ... Awards made der the Vaccine Damage Payment Act 1979 - see TSEM5935 ... Top of page ... Tax treatment ... The ... ...
  • Chapter CH871000
    • HMRC guidance manuals collection
    • HM Revenue & Customs
    ... ... A failure to observe this legislation can result in a criminal prosecution under S19 CRCA. An illegal disclosure has the potential to ose HMRC to reputational damage and litigation in relation to the Human Rights Act or Data Protection Act ... ...
  • Chapter BIM43180
    • HMRC guidance manuals collection
    ... ... payments are made by businesses to buy off threats to damage their premises or to poison food, medicine etc ... However, subject to ... and exclusively for the purposes of the trade and they are not criminal ... ...
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