Criminal Damage

Question 1

Section 1(1) Criminal Damage Act 1971

Answer 1

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 2

Lawful excuses for criminal damage?

Answer 2

Consent & protection

Question 3

What is damages or destroys ?

Answer 3

– this includes completely destroying an item. It also includes instances where the damage appears minor, but the property is no longer fit for purpose and cannot be repaired.

Question 4

Aggravated Criminal Damage (endangering life) Section 1(2) of criminal damage act 1971

Answer 4

A person who without lawful excuse destroys or damages any property whether belonging himself or another intending to destroy or damage such property or being reckless as to whether any such 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 shall be guilty.

Question 5

Arson section 1(3) criminal damage act 1971

Answer 5

An offence committed under this section by destroying or damaging properly by fire shall be charged as arson.
Points to prove:
• Without lawful excuse
• Destroyed/damaged
• By fire
• Property with intent to destroy/damage it
• Being reckless as to whether such property was damaged/destroyed

Question 6

Threats to Destroy or Damage Property S2 CDA 1971

Answer 6

A person without lawful excuse makes to another a 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 their own property in a way which they know is likely to endanger the life of that other or a third person