Aggravated Criminal Damage

Question 1

What is the AR for aggravated criminal damage/arson?

Answer 1

• destroy or damage (by fire)
• property
• belonging to another or himself

Question 2

How is the AR for aggravated criminal damage different from that of basic criminal damage?

Answer 2

Aggravated criminal damage can be done against property belonging to the person committing the offence (does not have to belong to another)

Question 3

What is the MR for aggravated criminal damage/arson?

Answer 3

• intention or recklessness as to the destruction or damage of property (by fire) and
• intention or recklessness as to the endangerment of life by the damage or destruction (by fire)

Question 4

For aggravated criminal damage/arson does life actually have to be endangered?

Answer 4

No - enough that the accused intended or as reckless as to whether life might have been endangered

Question 5

Does it matter if the damage/destruction actually caused was very minor?

Answer 5

No - matters as to the level of destruction or damage intended or as to which there was recklessness

Question 6

What causal link is required between the damaged property and the danger to life?

Answer 6

The danger to life must arise from the damaged property itself not that which damages the property eg a bullet.

If the damage is caused by fire, the risk to life will always be from the damaged property