Aggravated Criminal Damage

Question 1

Defined in

Answer 1

Section 1(2) Criminal Danage Act 1971

Question 2

Elements

Answer 2

AR
destroy or damage
Any property - including D’s property

MR
D must intend to damage or destroy property or be subjectively reckless AND
intend or be reckless as to whether life is endangered

Question 3

Cases

Answer 3

R v Sangha - no need to prove life is endangered. The design of the building made it impossible for fire to spread but still guilty

R v steer - d fired gun at v through a window, damaging it. Not guilty as the criminal damage didn’t endanger life, the gun did

Question 4

Arson elements

Answer 4

AR
same as basic offence but requires damage is caused by fire

MR
must intend to damage or destroy property or be subjectively reckless that property will be damaged by fire. Singed material would be included but property blackened by smoke would not