Harriet didn’t drink alcohol due to the fact that she was allergic to it. When Harriet had popped to the toilet, Leon spiked Harriet’s drink with vodka. When Harriet returned and drank the drink she began suffering from hallucinations. Harriet thought that fire was engulfing the house and in an attempt to get out, she began smashing the large panes of glass in the bi-fold doors of Christine’s kitchen.
The Criminal Damage Act 1971 states that D will be liable for criminal damage if D conducts the following: (provide criminal damage act definition and section)
Apply law of criminal damage to show analysis of how u came to the conclusion that harriet could be liable for criminal damage. Same as in Paulas situation. Consider Actus reus and mens rea of offence, which in harriets case is criminal damage.
State actus reus of criminal damage (again statute and relevant acts). Actus reus of criminal damage is “D without lawful excuse, destroys or damages property belonging to another”
Then show how Harriet committed the actus reus of criminal damage by assessing the actus reus: S 10 (1) CDA 1971 states property includes: Tangible items, real or personal, Harriet therefore damaged Christines property as bi-fold doors is a tangible item. Then next part that needs to constitute actus reus for criminal damages is under s10 (2) provides that the property belongs to another if that person: has custody or control of it, has in it any proprietary right or interest, has a charge on it. Has Harriet therefore destroyed property belonging to another? If so, how do u know this is property belonging to another? You’d state S 10 (2) provides that the property belongs to another if that person has a charge on it … this potentially means Harriet has destroyed property belonging to another.
Mens rea: define what it is for criminal damage (providing section and acts)
Apply mens rea: Has Harriet committed the appropriate mens rea for criminal damage?, if so how do you know this ? Did Harriet intend to destroy or damage property belonging to another or was she reckless as to doing It ?
Then discuss any appropriate defences available to Harriet in this situation.
Summarise which offence she is liable for.
