CRIMINAL LAW

Order Description A dilаpidаted fence marks the boundarу between Candice’s and her neighbour Desmond’s properties. Candice thinks that the fence is ugly, but its ownership is in dispute with Desmond (a pensioner who lives alone) who is adamant that it belongs to him and should be left alone. Candice however believes that the fence is hers, so one day when Desmond is out she takes matters into her own hands and uses a sledgehammer to remove the panels. In fact she is mistaken and the fence belongs to Desmond. Desmond is furious when he returns home to find his fence demolished and pieces of broken concrete foundations where the fence posts had been. He thinks he sees Candice inside her house and angrily grabs a piece of concrete and throws it at her, breaking her front window and sending shards of glass everywhere. Luckily for Candice she was not in fact in the house at the time. Realising what he has done Desmond gets back into his car and quickly drives away. Candice was actually in her back garden minding a bonfire that she has made of the fence panels. When she hears the glass breaking she runs back inside and on finding the damage to her window, forgets about the fire. She is sure it is Desmond who has broken the window and looks for him, but gives up when she finds his car has gone. When eventually she remembers to check on the bonfire she sees that flames are now spreading towards Desmond’s back yard. Thinking that he deserves to be punished Candice just turns and walks back into her home. The fire causes extensive damage to the rear of Desmond’s property and is only put out when another neighbour sees it and calls the fire brigade. Discuss the potential criminal liability of Candice and Desmond under the Criminal Damage Act 1971.