CRIMINAL DAMAGE
Old law:
• Common Law & Malicious Damage Act 1861
• Old Law
o Categories of property (eg. railway engines)
o Method of Damage (eg. explosives)
o Circumstances (eg. house, doing at night)
o Value of property
o Offence of dishonestly damaging own property
o De-coupling value
Now = Criminal Damage, Aggravated Criminal Damage, Arson (and aggravated arson)
Forms of CD:
• Rationales
o Protection of property
o Specifically, integrity of property
o Distinguished from theft by
▪ the use of force/ violence
▪ Different meaning of destroy
o Away from dishonesty
o Criminal Damage a form of disorder/ expression
o Aggravated CD – risk-based?
- Basic CD:
CD Act 1971 s1(1) = ‘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.’
AR =
• destroys or damages
• any property
• belonging to another
MR =
intent or recklessness as to the damage/destruction AND the ownership
Defences = without lawful excuse
❖ Destroys or Damages:
• Destroys
o What does it add?
o comprehensive damage
• Damages
o Not same meaning as intention to permanently deprive [under Lloyd and DDP v SIJ, PI,
RC – headphones case]
o Meaning of ‘damage’ broad
Old law:
• Common Law & Malicious Damage Act 1861
• Old Law
o Categories of property (eg. railway engines)
o Method of Damage (eg. explosives)
o Circumstances (eg. house, doing at night)
o Value of property
o Offence of dishonestly damaging own property
o De-coupling value
Now = Criminal Damage, Aggravated Criminal Damage, Arson (and aggravated arson)
Forms of CD:
• Rationales
o Protection of property
o Specifically, integrity of property
o Distinguished from theft by
▪ the use of force/ violence
▪ Different meaning of destroy
o Away from dishonesty
o Criminal Damage a form of disorder/ expression
o Aggravated CD – risk-based?
- Basic CD:
CD Act 1971 s1(1) = ‘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.’
AR =
• destroys or damages
• any property
• belonging to another
MR =
intent or recklessness as to the damage/destruction AND the ownership
Defences = without lawful excuse
❖ Destroys or Damages:
• Destroys
o What does it add?
o comprehensive damage
• Damages
o Not same meaning as intention to permanently deprive [under Lloyd and DDP v SIJ, PI,
RC – headphones case]
o Meaning of ‘damage’ broad
