25. Criminal Damage

Question 1

Criminal Damage Act 1971 sentencing?

Answer 1

• Triable either way
• if the value of the property destroyed or the damage done is less than £5000 the offence is to tried summarily
• Triable either way 10 years imprisonment on indictment
• 6 months imprisonment and /or Fine summarily

Question 2

What is the definition of Criminal Damage Act 1971 Sec 1 (1) (simple Damage)?

Answer 2

• a person who without lawful excuse
• destroys or damages
• any property
• belonging to another
• intending to destroy or damage any such property
  OR
• being reckless as to whether any such property would be destroyed or damaged
• Shall be guilty of an offence

Question 3

What are the two Lawful Excuses under Section 5 (2) Criminal Damage Act 1971?

Answer 3

S5 (2) (a) Permission

S5 (2) (b) Protection

Question 4

What does it mean to destroy?

Answer 4

To destroy means rendered useless, usually amounting to the article being beyond repair.

Question 5

What does it mean to Damage?

Answer 5

To damage property has a much wider meaning. There is no need to prove that the damage to the property is in anyway permanent or irreparable

Question 6

What is the definition of Section 1(2) Aggravated Damage under Criminal Damage Act 1971?

Answer 6

• A person who without lawful excuse
• destroys or damages any property, whether belonging to himself or another
• intending 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

You must show that the defendant either intended or was reckless as to each of the following circumstances …

• the damage being caused
• the resultant danger to life…

The actual resulting damage is immaterial what matters is the potential for damage and danger

Question 7

What is Section 1(3) Arson, Criminal Damage Act 1971?

Answer 7

Any offence committed under Section 1 by destroying or damaging property by fire shall be charged with arson.

Question 8

What is Section 2 Threats to Damage, Criminal Damage Act 1971?

Answer 8

A person who without lawful excuse makes to another threat, intending that the other would fear it would be carried out…
- To destroy or damage any property belonging to that other or a third person
OR
- To destroy or damage his own property in a way which he knows is likely to endanger the life of the other or a third person.

Question 9

What is Section 3 (having articles with intent to commit damage) under Criminal Damage Act 1971?

Answer 9

A person who has anything in his custody or under his control intending without lawful excuse to use it or cause or permit another to use it…
- To destroy or damage any property belonging to some other person
OR
- To destroy or damage his own or the users property in a way which he knows is likely to endanger the life of some other person

Question 10

What is Section 30 (Racially or religiously aggravated Criminal Damage) under Crime and Disorder Act 1998?

Answer 10

The offence of Section 1 (1) Damage has been committed .. AND
- at the time, immediately before or after doing so
- the offender demonstrates to the victim
- hostility
- based on victims membership, either real or presumed, of a racial or religious group
OR
- The Offence is motivated (wholly or partly) by hostility towards members of a racial or religious group based on their membership of that group