Criminal Damage

Question 1

What is the AR for simple criminal damage?

Answer 1

Destroy or damage;

Property;

Belonging to another;

Without lawful excuse

Question 2

What are lawful excuses for criminal damage?

Answer 2

(i) Honest belief in consent - e.g. a friend breaking a friends window to get in otherwise they’d be freezing;

(ii) Honest protection of property via a sufficient action to protect property.

Question 3

What is the MR for simple criminal damage?

Answer 3

Intentionally/recklessly causing destruction/damage to property knowing/believing the property was owned by another.

Question 4

What is the AR for aggravated criminal damage?

Answer 4

Destroy or damage;

Property.

No need for it to belong to another and no possibility of a lawful excuse.

Question 5

What is the MR for aggravated criminal damage?

Answer 5

Intention or recklessness as to the destruction or damage of property; and

Intention or recklessness as to the endangerment of life.

Question 6

How is ‘intention or recklessness as to the endangerment of life’ satisfied for aggravated criminal damage?

Answer 6

If the act bore a risk of endangering life, it is immaterial whether or not life was actually endangered.

However, the endangerment must come from the damage caused and not the act that caused the damage.

E.g. in arson, smoke and fire would be the act so wouldn’t constitute the damage part. Damage, would arise from falling ceilings.