Criminal Damage Intending to Endanger Life

Question 1

Outline Criminal damage intending to endanger the life of another, an offence under Crimes Act 1958 s197(2).

Answer 1

The offence of criminal damage intending to endanger the life of another has the following four elements:

1. The accused destroyed or damaged property;
2. The accused intended to destroy or damage property;
3. The accused intended by the damage or destruction to endanger the life of another;
4. The accused did not have a lawful excuse for his or her actions.

Question 2

There is significant overlap between the elements of this offence (Criminal Damage Intending to Endanger Life) and the elements of criminal damage (s197(1)).

However, what are the 3 important differences:

Answer 2

1. The prosecution does not need to establish that the property in question belonged to another person;
2. The prosecution does need to establish that the accused intended to endanger the life of another person; and
3. The lawful excuses contained in Crimes Act 1958 s201 are notavailable. Consequently, the prosecution only needs to rebut any defences or excuses that arise at common law.

Question 3

Outline The third element that the prosecution must prove in that the accused intended, by the damage or destruction, to endanger the life of another person (Crimes Act 1958 s197(2)).

Answer 3

Section 197(5) sets out the requirements for proving this element. A person only intends to endanger the life of another person if:

1. One of his or her purposes is to endanger the life of another by the damage or destruction; or
2. He or she knows or believes that the life of another is more likely than not to be endangered by the damage or destruction (Crimes Act 1958 s197(5)).