Criminal Damage Act 1971: Analysis of Property Damage and Reforms

This report provides an in-depth analysis of the Criminal Damage Act 1971, exploring its role in protecting property rights and addressing criminal offenses related to property damage. The report begins with an introduction to criminal law and the importance of the Act in safeguarding against various forms of damage. It delves into the specifics of the Act, discussing its scope, application, and the concept of criminal damage. The analysis includes an overview of Katharine Grevling's article on damaging property, examining the arguments presented and the legal interpretations of the Act, particularly in the context of the Grajewski v. DPP case. The report further explores the reforms made through the Act, the concept of damages, and the key elements of damages, such as temporary inoperability and causation. It also discusses the implications of property sabotage and the challenges in applying the Act to intangible property like computer programs. The report concludes with a summary of the key findings and the significance of the Criminal Damage Act 1971 in maintaining law and order related to property.

Foundations of
Criminal Law

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
Criminal Damage Act 1971..................................................................................................3
Overview of the Article 'Damaging Property'...................................................................4
Analysis of the Arguments of the article of Katharine Grevling.....................................4
Reforms being made through the Criminal Damage Act 1971........................................5
Concept of damages..............................................................................................................6
Main elements of damages...................................................................................................6
CONCLUSION..............................................................................................................................10
REFERENCES..............................................................................................................................11

INTRODUCTION
Criminal law governs out with the rules and the body of laws which are incorporated in
relation to make the law and peace in the society. There has been framed that when any offence
is being taken place then it amounts to give the legal punishments to all the criminal areas. The
criminal damage is the protection which protect the several offences and the damages that has
been occurred and can cause the several offences in order to protect the rights. This also covers
the roles and the rights which persuades to be in the methods or the ways to frame or can make
the life of the person in danger. This report will cover out analysation of the Damaging property
in account of Criminal Damage Act 1971 with all the property's physical integrity and functional
derangement.
MAIN BODY
Criminal Damage Act 1971
This Act deals with all the offences in which the person destroys the property of another
person or the property that is being belonged to some other person. That also on the lawful
excuse will amounts to be the criminal damage. And the person who make the criminal damage
to the another person will be held liable and is guilty for the offence1.
This act mainly covers all the offences that are relating to the property and all the threat
for the damage of the property. It lies in all the areas when it is seen that the person is duly aware
of the risk that is existed to occur and all the unreasonable circumstances that has been taken in
order to take out the risk.
It is concerned with all the property that can be personal or also the property of tangible
nature. As it is being subjected as this act protects all the damages that can occur to the rights of
the person through the varies property. As being analysed that all such methods and the matters
in which the rules can be maintained and the punishment will have given when the individual
tries to attain the physical damage to the property being made by them.
1 Adina L. Roskies, 'Can The Law Do Without Retributivism? Comments On Erin Kelly’S The
Limits Of Blame' [2020] Criminal Law and Philosophy.

Overview of the Article 'Damaging Property'
The Article which is given by Katharine Grevling, cover out the issue that has been raised
by the decision of High court of Australia through the case Grajewski v. DPP where they framed
that the rendering property which is being temporary inoperable will not be made amounted to
criminal damage. It has been analysed from it that all the damages and the issues that complies
with all the interference and the alteration of the property. this article will give the broad
meaning of the damages that can be created through property which is known as the temporary
functional derangement this encompass all the areas for where the attached property or which
can be made inoperable in the earth and in varies areas2.
This article mainly being made on the Grajewski case where the appellant was taking part
in the protest and has attained to climb on the ship's loader which make the appellant to shut
down the ship so that there may not occur any serious harm to him. This made the appellant to
file the claim about the temporary impairment of the work and also that there will not be working
takes place as this has cause the criminal damage to the person and accord them out to frame all
the necessary areas and the regions through which the criminal damages conducted. The court
has made him to give the damages and held him liable for the cause that is being made by him.
But on the other side this has been observe d that all the areas and the conducts that the ship was
not damaged but was just temporarily shut down is the main issue was came in the argument so
there has been made the analytical approach regarding all the matters and the varies regions of
the criminal damages3.
Analysis of the Arguments of the article of Katharine Grevling.
As Katharine Grevling has made a detailed article through which there has been analysed
that the criminal damage Act 1971 covers out to be the important element of the legislation as
when observed all the areas where there has been seen and analysed the damages of the property
which will be tend to made the harm to the person will be counted in it. The main issue which
was lied in it was that the rendering property complies to temporarily unfit in all the use and
cause damages. There was a major criticism which was been seen in after this case as there has
2 Louise Seiler, 'Book Review: European Federal Criminal Law, The Federal Dimension Of The
EU Criminal Law' (2016) 7 New Journal of European Criminal Law.
3 Rollin Morris Perkins, Criminal Law (Foundation Press 2018).

been analysed that while that case was happened there was no physical damage or any other
refrained areas there by being analysed4. The main issue led out where there’s made the
dysfunction g of any of the part of the operating areas and there can be made that in this case all
major areas a foreseen is being tend out to made the working of the ship again there by started
that plies that there was no criminal harm that has led to the framing of the work. The man issue
that is being concerned that whether this kind of damage has made the physical damage or the
interference to the person. This implied that in all the areas and the nature it is important to all
the person to frame out that the property which is impaired and is being maintained can be
outgrown and inoperable. The major issue that were being led out are as follows:
 Like in the case DPP v. Fraser & O'Donnell as in all the court in account of the criminal
damages and the areas that use to make the products and the nature clear figure out that
all the approaches and the methods through which the criminal damage is being taking
place account to the damage of the impairment of the vehicle or the property that even
when any person is amounting to make the damage that harm should implicate the
damage and concern out to create the actual loss or harm to that person which was not
been seen in the Grajewski v. DPP case.
 The main implication which is been seen is that the impairing the functionality of
property will not be amounted to the further damage and the problems which can arise.
The main element which is required is the physical damage or the contact with that
property5.
Reforms being made through the Criminal Damage Act 1971.
The reform which is being maintained and has been designed is settled out all the areas
where the destroying or any of the damaging of the property is being made that use to belong to
any other person will be counted as the report and the issue raised in varies areas. And also the
infliction of the physical damage or the property that has been created in varies regions and
nature. The main aim in all the regions has been maintained that there are various areas through
which the work can be maintained and all the nature and the sabotage.
4 Youngjae Lee, 'What Is Philosophy of Criminal Law?' (2013) 8 Criminal Law and Philosophy.
5 Shachar Eldar, 'Criminal Law, Parental Authority, And The State' (2017) 12 Criminal Law and
Philosophy.

It amounts to the areas where it is being analysed that all the inoperable of the machine
will amount to the criminal damage and the issues of the person. As that in the case of Griffiths
v. Morgan when the person try to damage the property by their physical use or making the
damage of the property will thereby be amounted to the criminal damage but there by when the
machine or the thing that is being used can be changed and used again then it will be implied to
the damages6.
Concept of damages
The damages concept is being implied in all the areas where there has been made that all
the areas and the major ways through which it has been covered and educated in the reform will
be maintained. As the two major ways through which the damages can be maintained are the
physical and the temporary damages when the damages are being made to any proper which
implies to frame out all the necessary areas and damage the equipment will amount to the
permanent damages. And when on the same note any person or the individuals stops the use of
the equipment or anything that is being helping out in the working of the individual and that
create harm to the person will amount to temporary damages. As the temporary damages accords
to be changes and can be made for use again but in the permanent damage the person get the loss
of the property and also to their time and money.
Main elements of damages Temporary In-operability- It is being framed that when there is being made any physical
damage to the property and the areas through which the working of the company and the
property is made in operable that will amount to the damages, but at an instance this will
be seen it that whether the damage that has been made is temporary or the permanent. As
in the case when the damages maintained are the one which cause all the effects and the
issues through which the person and the working of the company will enforce the
working of the area will have evaluated in it. In order to render put the areas through
which the work has been maintained and the property is being framed in the criminal
damage there by amounts to the issue which is conceivable.
 Causation- The Grajewski has made it clear that all the temporary functional
derangement test is quiet critical to apply. As it is been seen that the shutdown of the ship
6 Joan Ginter, 'Criminal Law Theory And Criminal Code Reform' (2020) 4 Criminal Law Forum.

was the reason is to make or to protect the life of the individual other than this it is not for
making or protecting the ship. This implicates that it is important to check the causation
of the performance of the equipment and the areas through which the work or the thing is
being stopped7.
 As while analysing this in the case of Oxford v. Moss it has been seen that the
students took the exam paper for their own use and copied it after which returned it, this
implicates that although the use did not cause to harm to the question paper but at some
instance when there has been admitted that it created an effect on all the students as
copying that paper will there by tend it out of no use as he has cheated and made all use
of that thus this will implied to be the cause of damages of the use of question paper in
there further areas.
 While analysing all this problem the main issue that is being conducted is that Sabotage
of the property can cause the main issue and also increase the recent problem for all the
people. In all the computer programs and the damages this is the main issue which has
been alleged that like all the computer programs are the intangible property and it ill there
by amounts to the property damages. As if any of the Displacement of the part of the
machine is being seen that all the damages that has occurred in it can create out the
issues regarding all the methods and the
Furthermore, it is the maintained areas that inclination and frames out to gain the
areas and makes the method through which the physical interference in the property can thereby
be maintained. As through all the laws and the nature the main aim and the relation that is being
concerned in the matters are like the ways which helps out to maintain the clarity in the areas and
the working regulations. There has been carried that damage of the property implies to be the
important element and it helps down that in the damage of the property the Hugh court of
Australia has made the analysis that the concept of English authorities terms out to be influential.
It claims that the temporary in operability may further amount to the damages occurred by that
damage can thereby be changed and impacted to be made the work strays again. It claims out
7 Jonathan Witmer-Rich, 'It’S Good To Be Autonomous: Prospective Consent, Retrospective
Consent, And The Foundation Of Consent In The Criminal Law' (2011) 5 Criminal Law and
Philosophy.

that the compelling support creates out the offence and the obstruction of the property is not
being intended to be framed as it is temporary useless8.
Criminal damage there by seems to be the serious offence and all the areas and the issues
that came in it are considered as the important element in the company or tin the contrary. It
implies out that in the methods and the areas where the inoperable tends to make the criminal
damage then all the mere basic stop of the use can create out varies methods through which the
working can be maintained. The attaching of the wheel clamp, standing on any moving wheel
and maintain the functionality of the work implies out to give the methods and the areas of
working. As this offence gives out the maximum punishment of 10 years and there is being given
that all the eradications and the management is being seen. It is mainly the lesser area of
imprisonment. There is being legislation aggravated in the varies manner and the damages in the
main issues this is being unsatisfactory. The temporary function through which the method of
varies and the areas and the detaching is framed in between them. The interpretation, made in the
serving with all the crucial frames of methods. All the physical damage and the issues that are
coming will be accounted on the basis of the various nature and the methods through which the
development has been maintained. It is being framed out that the very nature and the cultural
aspect through which work can be utilized and maintained are the important criteria. On account
of the criminal damage it is been seen that there are numerous of cases that has been reported
with various types of issues that emerged out and framed the methods that imparts the criminal
damage. In all the relational and varies context the method in order to maintain the growth f the
company and its area are the important element as, from all the eradication. Criminal damage
amounts to the method through which the serious offences are there by being laid and it covers
out the method or the visibility of the very nature that illuminates the advantageous moral of
conduct.
The criminal damage power frame the in operability of the product or there natural and
casual method. This over put to constitute the property and the damages and also maintain the
holding of varies substance that cleans and maintain the part of the framework. The Grajewski
case as the operability has impliedly cause the damage to the person but when it is being further
notice that the methods and the areas which gains out the areas through which the working can
8 Heidelinde Luef-Kölbl, 'Developing Tendencies of Criminal Law and Criminal Procedural Law
In Austria' (2012) 2 European Criminal Law Review.

be framed and the methods through which the machine or the thing is working again without any
issue and creates out the method of gaining. It implies that all this vary concluded out to maintain
the nature and the reconcilement of Criminal damages. And the criminal damages is accountable
on the basis of the method through which the service is hindered and the main nature of the work
is being imparted out. Although all this is the important amending criminal issue area by there
has to be govern that the calculation and the problem which is being seen in the work of the
person can be analysed9.
As the maximum punishment for all the criminal damage is the 10 years of imprisonment
and this implies that the evaluation of the working of the person and with that there varies nature
and summarised methods thereby be calculated. The accord and the variability is covered up
through certain methods and the criminal damages will be imparted to the issue that has been
create while making the things and the normal routine affected. This will cover all the damaging
and the destruction of the property that will be interpreted in the light of the value of work. It is
important to get notice that whether the defendant has made the damage or the destruction of the
property or whether there is only the methods or the basic issue which can be resolved. The
physical alteration of the work or any dismantling will be counted as the serious offence and this
imply to make the nature and the gains of affecting the issues of the serious issues.
CONCLUSION
From this above report it is concluded that, criminal law deals with all the serious
offences which affects the life and wellbeing of the individual. There is been seen that the crimes
that covers out and effect the person through there heinous nature are being taken in the
consideration. The criminal damage act 1971 covers out all the issues where the damages and the
destruction of the property is seen. The person which has been making the offence or destroying
the property of the other person will be accountable in it. The damages that has been occurred in
9 Peter Westen, 'Individualizing The Reasonable Person In Criminal Law' (2016) 2 Criminal Law
and Philosophy.

the criminal damages are being accounted on the basis of the in operability and the causation of
the effect on that property and individual.

REFERENCES
Books and Journals:
Roskies A, 'Can The Law Do Without Retributivism? Comments On Erin Kelly’S The Limits Of
Blame' [2020] Criminal Law and Philosophy
Seiler L, 'Book Review: European Federal Criminal Law, The Federal Dimension Of The EU
Criminal Law' (2016) 7 New Journal of European Criminal Law
Perkins R, Criminal Law (Foundation Press 2018)
Lee Y, 'What Is Philosophy Of Criminal Law?' (2013) 8 Criminal Law and Philosophy
Eldar S, 'Criminal Law, Parental Authority, And The State' (2017) 12 Criminal Law and
Philosophy
Ginter J, 'Criminal Law Theory And Criminal Code Reform' (2020) 4 Criminal Law Forum
Witmer-Rich J, 'It’S Good To Be Autonomous: Prospective Consent, Retrospective Consent,
And The Foundation Of Consent In The Criminal Law' (2011) 5 Criminal Law and
Philosophy
Luef-Kölbl H, 'Developing Tendencies Of Criminal Law And Criminal Procedural Law In
Austria' (2012) 2 European Criminal Law Review
Westen P, 'Individualizing The Reasonable Person In Criminal Law' (2016) 2 Criminal Law and
Philosophy.