Criminal Damage

Question 1

Simple Damage

Answer 1

A person who
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without lawful excuse
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destroys or damages
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property
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belonging to another
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intending or being reckless
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as to whether any such property would be destroyed or damaged

Question 2

s.1(2) - Aggravated Damage

Answer 2

A person who without lawful excuse destroys or damages any property, whether belonging to himself or another
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(a) intending to destroy or damage any property or being reckless as to whether any property would be
destroyed or damaged; and
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(b) 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;
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shall be guilty of an offence.

Defences of permission or protection are not available to s.1(2) aggravated damage

Question 3

s.1(3) - Arson

Answer 3

An offence committed under this section by destroying or damaging property by fire shall be charged as arson.

Question 4

s.2 -Threats to Destroy or Damage Property

Answer 4

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

Question 5

-Threats to Destroy or Damage Property - Further info

Answer 5

The threat can be a future threat.

There is no need to show that the other person actually feared of even believed that the threat would be carried out, There is no need to show that the defendant intended to carry it out; nor does it matter whether the threat was even capable of being carried out.

You can only threaten to damage property if the damage would also endanger the life of someone other than the defendant.

Question 6

Having Articles with Intent to Destroy or Damage Property

Answer 6

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-
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to destroy or damage any property belonging to some other person; or
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to destroy or damage his own or the user’s property in a way which he knows is likely to endanger the life of some other person;
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shall be guilty of an offence.

Use, Cause, Permit (like the traffic offences) is the same here