Threats to Damage

Question 1

Where are offences related to threats to damage covered?

Answer 1

s 2 of the Criminal Damage Act 1971.

Question 2

There are two points to prove in relation to threats to damage:

Answer 2

The conduct that is threatened must refer to damage; and

The extent of the threatened damage must constitute an offence under s 1 of the Criminal Damage Act 1971. This can include acts of simple damage under s 1(1), as well as criminal damage where life is endangered s 1(2).

Question 3

Section 2 of the Criminal Damage Act 1971 states…

Answer 3

It is an offence for a person who without lawful excuse….

…makes to another a threat intending that the other would fear it would be carried out…
- Irrelevant if suspect intends to or not

a) to destroy or damage any property belonging to that other or a third person, e.g I’ll torch your mum’s shed
b) to destroy or damage [his/her] own property in a way which [he/she] knows is likely to endanger the life of that other or a third person.

The person who makes the threat must intend that the recipient will believe the threat will be carried out.

Question 4

Can the offence of making threats to damage be committed if the threat involves an element of recklessness as to whether the property would actually be damaged?

Answer 4

No - e.g if you keep doing x I’ll do b and I don’t care what happens.

Question 5

Where are penalties related to threats to damage?

Answer 5

Triable either way and the penalty is 6 months imprisonment and/ or a fine if tried summarily, and 10 years prison on indictment.

Question 6

Points to prove in Section 2 of the Criminal Damage Act 1971…

Answer 6

that the suspect made a threat, and

that the suspect intended for the victim to believe that threat

Question 7

Example of threats to damage

Answer 7

SMITH finds out PATEL is cheating on him. SMITH calls PATEL and say’s “watch yourself, I am going to come around and smash your house up”. SMITH does this intending to scare PATEL but with no actual intention of smashing her windows. She replies, “yeah ok, bring it on”, not believing that SMITH will do it. SMITH replies, “I swear on my life, I am going to smash your windows tonight” SMITH then hangs up the phone intending that this will convince PATEL and scare her, even though he still has no intention of smashing her windows. Offence complete. SMITH made the threat and intended for the girlfriend to believe it. It also does not matter whether the house belongs to SMITH and PATEL, or just PATEL.