Criminal damage act 1971

Question 1

Following a relationship break up, a person returns to the terraced house that they previously lived in with their partner, and pours petrol through the letter and sets light to it, knowing the ex partner is away.
What offence(s) have been committed?

Answer 1

Damage endangering another’s life - Section 1(2), Criminal Damage Act 1971: S1(3) Arson

Question 2

Complete the definition of Section 2 of the Criminal Damage Act 1971 :
A person who without…………. ………. makes to another a threat, …………… that the other would fear it would be carried out, -
(a) to ……………. or ……….. any property belonging to that other or a third person; or(b) to destroy or damage his own ……… in way which he knows is likely to ……………. the life of that other or a third person;
shall be guilty of an offence.

Answer 2

lawful excuse, Intending, destroy or damage, property, endanger.

Question 3

WARNER does not like people parking cars in the street outside his address. He regularly shouts at drivers as they park in an effort to prevent them from doing so. Seeing an unattended car outside his home, WARNER scratches the driver’s door with a key. As he does this, the owner of the car, SHARMA, returns. WARNER recognises SHARMA as being Indian and immediately swears and shouts at her, insulting her Indian nationality.
Does WARNER commit the offence of racially or religiously aggravated criminal damage contrary to Section 30 of the Crime and Disorder Act 1998?

Answer 3

Yes, racial hostility was demonstrated immediately after the offence of damage.

Question 4

What are the three modes of trial and where can they heard?

Answer 4

Summarily – Magistrates
Either Way – Magistrates or Crown depending on sentencing or if defendant chooses trial by jury
Indictment – Crown Court

Question 5

What is Section 1(1) Criminal Damage Act 1971

Answer 5

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 6

What is Section 1(2) Criminal Damage Act 1971 (Aggravated Damage)

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 life of another or being reckless as to whether the life of another would be thereby endangered;
shall be guilty of an offence

Question 7

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

Answer 7

If the damage or destruction is caused by fire, the Section 1(3) element of the Act shall apply.

A small bin fire away from residential properties would fall under this Act (Triable either way).

Where life is endangered by the arson (pouring petrol through a letterbox and igniting it), the offence becomes aggravated (Triable on indictment only)

Question 8

What is Section 2 Criminal Damage Act 1971 – Threats to Damage

Answer 8

A person who without lawful excuse makes to another a threat, intending that that 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 that other or a third person;

shall be guilty of an offence