Lecture 15: Criminal Damage
Criminal Damage Act 1971
- Criminal Damage s.1 (1)
- Criminal Damage endangering life s.1. (2)
- Arson s.1 (3)
- Threatening to destroy or damage property s.2
- Possessing anything with intent to destroy or damage
property s.3
o Possession of an article
- Main criminal damage is s.1
- What runs throughout all section is destroying and
damaging property
The Actus Reus of the Offences:
1. Causing Damage or Destruction
2. Of Property
3. Belonging to Another (s.1(1), s.1(2), s.1(3), s.2 (a) and s.3 (a)) OR own property (s.1(2), s.1(3) a s.2
(b) and s.3 (b))
- Own property- if it relates to endangering life then it is criminal damage
4. Without Lawful Excuse
- If a D has excuse that will be the nature of the offence- Section 5
Criminal Damage Simple- s.1 (1)
- Criminal damage can take different forms
- Property- can be both tangible and intangible
- Excluded land unless some form of trust form
- Similar to Theft Section 4
- The difference is it only relates to tangible
property
- Land is included
- Damage and destruction is the only other
extra principal
, Aggravated Criminal Damage- s.1 (2)
- Difference to s.1 (1) is property has to belong to
himself or another
- For the whole offence to be committed it must
include endangering life
- R v Steer 1988
o What is the nature of offence in term of
destroying or damaging property
o Buys shops from former business partner
house
o No life harmed
o Were the shots the damage to life or did
there actually have to be
o Coa- must be shown it is damaged to
property that endangers life
o HoL- Endangering life has to relate to the
action of damaging property
Arson- s.1 (3)
- If life was endangered by fire, then they will
charge s.1 (3) arson with s.1 (2) aggravated
criminal damage- cannot use defences in s.5 (2)
Criminal Damage Act 1971
- Criminal Damage s.1 (1)
- Criminal Damage endangering life s.1. (2)
- Arson s.1 (3)
- Threatening to destroy or damage property s.2
- Possessing anything with intent to destroy or damage
property s.3
o Possession of an article
- Main criminal damage is s.1
- What runs throughout all section is destroying and
damaging property
The Actus Reus of the Offences:
1. Causing Damage or Destruction
2. Of Property
3. Belonging to Another (s.1(1), s.1(2), s.1(3), s.2 (a) and s.3 (a)) OR own property (s.1(2), s.1(3) a s.2
(b) and s.3 (b))
- Own property- if it relates to endangering life then it is criminal damage
4. Without Lawful Excuse
- If a D has excuse that will be the nature of the offence- Section 5
Criminal Damage Simple- s.1 (1)
- Criminal damage can take different forms
- Property- can be both tangible and intangible
- Excluded land unless some form of trust form
- Similar to Theft Section 4
- The difference is it only relates to tangible
property
- Land is included
- Damage and destruction is the only other
extra principal
, Aggravated Criminal Damage- s.1 (2)
- Difference to s.1 (1) is property has to belong to
himself or another
- For the whole offence to be committed it must
include endangering life
- R v Steer 1988
o What is the nature of offence in term of
destroying or damaging property
o Buys shops from former business partner
house
o No life harmed
o Were the shots the damage to life or did
there actually have to be
o Coa- must be shown it is damaged to
property that endangers life
o HoL- Endangering life has to relate to the
action of damaging property
Arson- s.1 (3)
- If life was endangered by fire, then they will
charge s.1 (3) arson with s.1 (2) aggravated
criminal damage- cannot use defences in s.5 (2)
