Criminal Damage

There are three elements of this offence

•           without lawful excuse.  You do not have to consider this. It is not part of the defence case that the defendant had a lawful excuse.

 

•           damaged a ***.  There is no doubt that the *** was scratched.  We have seen the photos of the damage – our exhibit *.  However D** denies that he caused this damage.

 

•           intending to destroy or damage such property or being reckless as to whether such property would be destroyed or damaged.  ***

So, in relation to Count *, there are two key questions for you to answer, having regard to all the evidence and the directions which I give you. 

Are you sure that D** caused the damage?

Are you sure that he intended to cause the damage or was reckless as to whether it was damaged?  

If the answer to both questions is “yes”, he is guilty of Count *.  If the answer to either question is “no”, he is not guilty.


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