Offences against property

Question 1

What are the two forms of malicious mischief? (common law offence). And what is the mens rea for the offence?

Answer 1

Traditional malicious mischief i.e. damage or destruction to corporeal property, damage can be very minor (Ward v Robertson 1938 JC 32).

Wilson malicious mischief i.e. interfering with property so as to cause economic loss (HMA v Wilson 1984 SLT 117).

No malice required (Lord Advocate’s Reference (No 1 of 2000) 2001 JC 143).
Recklessness suffices (Ward v Robertson 1938 JC 32).

Question 2

What is the definition of vandalism? (statutory offence).

Answer 2

Criminal Law (Consolidation) (Scotland) Act 1995 s52.
- “Any person who, without reasonable excuse, wilfully or recklessly damages any property belonging to another shall be guilty of the offence of vandalism”.
- Includes joint property (PF (Peterhead) v Elrick (Lyn) (No.2) 2017 SLT (Sh Ct) 15).

Question 3

What are the two fireraising offences? (common law offences).

Answer 3

Byrne v HMA 2000 JC 155.
- Wilful fire raising = setting fire to any property intentionally.
- Culpable and reckless fire raising = setting fire to any property recklessly.