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Menu House Minnesota House of Representatives. Minnesota Senate. Joint Departments, Offices, and Commissions. Schedules, Calendars, and Legislative Business. Legislative Committees. Statutes, Laws, and Rules. They state that, in general, cases should be tried summarily unless one or more of the following features are present and the court's sentencing powers are insufficient:.
The court will have regard to any representations made by the prosecutor and the accused to determine value. If the property is beyond repair, the value will be the replacement cost on the open market at the time the damage was caused. If the property is repairable, then the value will be the cost of repair or replacement, whichever is the lesser. If there is consent to summary trial, the court's powers are limited by the provisions of s.
If the defendant agrees, the court will proceed to hear the case. If the defendant does not agree, the court proceeds to determine mode of trial in the ordinary way. Whilst there is no obligation on the court to hear evidence of value, neither are they precluded from doing so. The prosecution should be prepared to "prove" the value preferably by producing invoices. Where two or more criminal damage offences are charged, the value for allocation purposes will be the aggregate value of the offences.
The working of s. The courts usually interpret offences of the same or similar character to mean two or more criminal damage charges that are to be considered by the court.
Otherwise, charges initiated by summons would be excluded, as would an attempt by the Criminal Damage to avoid election for trial by bringing the defendant to court on different dates for each offence. Section 22 does not make criminal damage a summary only offence despite its requirement for the triable either way offence to be tried summarily based on value. Where appropriate it can be returned as an alternative to an offence in the indictment - such as racially aggravated criminal damage — R v Fennell.
Where property is destroyed or damaged by fire, arson should be charged - see Section 1 3 of the Act. Section 1 1 and 3 provides that arson is committed if a person without lawful excuse destroys or damages any property by fire, intending to destroy or damage Criminal Damage such property or being reckless as to whether any such property would be destroyed or damaged.
Arson is triable either way — para. Section 22 MCA does not apply to arson. Section 4 Criminal Damage Act sets out a maximum penalty of life imprisonment for this offence. Aggravated criminal damage is set out at s. The aggravated offences require proof of an intent to destroy or damage any property or being reckless as to whether any property would be destroyed or damaged; and intending by the destruction or damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered.
Section 4 Criminal Damage Act sets out a maximum penalty of life imprisonment for aggravated criminal damage and aggravated arson. The offences are only triable on indictment. If the damage is committed by fire, the offence is charged as arson with intent or being reckless as to whether the life of another would be thereby endangered. Although both cases involved arson, the comments on charging practice are equally applicable where the damage is caused other than by fire.
Where the defendant's intention or recklessness is obvious, just one offence may be charged. Where, as is common, the position is less clear, both offences should be charged in the alternative. If the defendant is convicted of the more serious offence involving intent the jury should be discharged from giving a verdict on the lesser charge.
Prosecutors will need to consider carefully how the life of another was endangered. R v Steer  AC held that for an offence under Section 1 2 of the Act the prosecution had to prove that the danger to life resulted from the actual destruction of or damage to property.
A defendant may be guilty, either if he intended to endanger life by damage, or was reckless that life would be endangered by the damage. Thus, those who drop objects on a moving train or railway line, Criminal Damage, or throw missiles at or ram police cars may be properly convicted of an offence under Section 1 2 of the Act. If the intent is to break the windscreen or window, a jury is entitled to infer that there was intent to shower the driver or passengers with glass and that because of being so showered; control could be lost, thereby endangering life.
The danger would be caused, and intended to be caused, by the broken glass. For offences involving Criminal Damage arson" the property of another must be damaged. For the aggravated offence in Section 1 2it can be any property, including the defendant's own. Section 30 of the Crime and Disorder Act as amended by the Anti-Terrorism, Crime and Security Act creates an offence of racially or religiously aggravated criminal damage, based on the basic offence of criminal damage under Section 1 1 Criminal Damage Act Files should be clearly identified as racial or religious incident cases: refer to Racially and Religiously Aggravated Crime elsewhere in the Legal Guidance.
Section 2 of the Act creates two offences of threatening to destroy or damage:. The defendant has to intend that the person threatened would fear that the threat would be carried out. Such threats will usually occur in a public place and a charge under Section 4 Public Order Act may be more suitable.
Section 8 Public Order Act provides that violence, except in the context of an offence of affray, includes violent conduct towards property. Prior to issue of the guidelines, the court in R v Cox  EWCA Crim advised that the sentencing judge would be assisted by a sentencing note setting out the range of sentences with reference to decided cases.
Citation of appeal court decisions in the application and interpretation of guidelines is generally of no assistance, except in exceptional cases where the guideline may be unclear.
The guidelines will help to ensure that sentencing by judges and magistrates will be consistent across the whole range of offences covered by the guideline. Judges and magistrates will also consider requesting reports to ascertain both whether the offence is linked to a mental disorder or learning disability in order to Criminal Damage culpability, and whether any mental health disposal should be considered.
The guidelines acknowledge that harm can involve not only physical injury but long-term psychological effects, and that damage to property can be about more than just its financial value. The guidelines cover the following offences:. This means that a trustee damaging property which he was supposed to retain for another could be guilty of criminal damage. The destruction or damage of property must carry the requisite mens rea of either intention or recklessness to destroy or damage property belonging to another.
It is clear from the statute that this needn't correspond exactly with the actus reus - so for example if the defendant, intending to destroy property belonging to X in fact damages property belonging to Y this will be sufficient. The defendant must have the mens rea towards damaging or destroying property belonging to another, so an eye to destroying his own property will not be sufficient. Recklessness is regarded according to a subjective testit will therefore require that the defendant himself recognised a risk of damage occurring and acted anyway despite it being unreasonable to take the risk R v G  UKHL 5.
A lawful excuse can either be a general defence such as duress or automatism or a specific defence afforded under s5 of the Act:. The first of these defences under s5 2 a allows an excusatory defence to a defendant who believed that someone who was so entitled had consented to the action or would have done so if they were aware of the circumstances.
This may include acting in an emergancy etc. In Jaggard v Dickingson  3 All ER a defendant's drunken belief in consent was considered sufficient. R v Jones  UKHL 16 held that the jury needn't consider the legitimacy of the defendant's belief, so long as they considered it honest. The second defence applies where a defendant acts to protect property which is, in his view, in immediate need of protection if he believes his actions to be reasonable. It is a wider defence than private defence in general but applies only to property, and not to people R v Baker and Wilkins  Crim LR The defence appears to contain an element of objectivity, although it is judged entirely off the facts as seen by the defendant.
In cases such as R v Hill and Hall Cr App R 74 prosecutions have been successful when defendants have honestly believed they were preventing damage to property but their actions were too far removed from the damage sought to be protected against.
Basic criminal damage is a triable either way offence subject to a maximum penalty of 10 years imprisonment. The main factor determining sentence is the level of damage caused, although other relevant factors include the level of mens rea present, the motivation and the target of the damage it is implied that damage to emergency equipment or schools and other public property will be treated more seriously.
CPS Sentencing guide. Arson under s1 1 and s1 3 Criminal Damage Act is Criminal damage by fire. It is treated as a more serious offence, it is triable either way but carries a maximum sentence of life imprisonment.
Arson typically attracts an enhanced sentence due to the dangers inherent in the offence. There are accordingly three major differences between basic criminal defence and aggravated criminal damage:. To secure a conviction of aggravated criminal damage it must be shown that the defendant either intended or was reckless as to the endangerment of the lives of others.
There is no need to show that in fact there was any kind of risk to any person, although it does need to be shown that the defendant understood a risk to the lives of others, not just a risk that other people might come to some harm.
An example of the kind of conduct which may lead to a conviction Criminal Damage R v Sangha  2 All ER where a defendant burnt down his house without knowing if anybody else was inside. His conviction for aggravated arson stood, even though there was in fact nobody inside the house.
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