CRIMINAL DAMAGE

Question 1

SECTION 1 CRIMINAL DAMAGE ACT 1971

Answer 1

A person commits an offence who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage such property or being reckless as to whether any such property would be destroyed or damaged.

Points to prove:
- without lawful excuse
- destroyed/damaged property
- intending to destroy/damage such property or being reckless whether it was destroyed/ damaged.

Either way offence:
- if below £5000 dealt with as a summary max 3 months/ fine
- if over £5000 max 6 months/ fine

Question 2

SECTION 1 (3) CRIMINAL DAMAGE ACT 1971

Answer 2

If the damage to property was caused by fire this will be an offence of arson.

Either way offence - life imprisonment on indictment

Question 3

AGGRAVATED CRIMINAL DAMAGE SECTION 1 (2) CDA 1971

Answer 3

a person commits an offence who without lawful excuse destroys or damages any property whether belonging to themselves or another intending to destroy or damage any property or being reckless as to whether any property would be destroyed or damaged and intending by the destruction or damage to endanger the life of another or being reckless as to whether the life of another would be endangered.

For this offence the property damaged does not have to belong to another.

this offence can be complete even if no one’s life is engaged. it is sufficient that this was the intention.

Life imprisonment

Question 4

THREATS TO DESTROY OR DAMAGE PROPERTY SECTION 2 CDA 1971

Answer 4

a person commits an offence who without lawful excuse makes to another a threat intending the other to fear it would be carried out.

threats may be oral or written.

may be made to the person whose property is to be damaged or to another person.

The offence must be shown to have an intention to make the other person feel fear.

it does not matter if the other person is in actual fear - it is the intention not the effect that is required.

Either way - 10 year’s imprisonment

Question 5

HAVING ARTICLES WITH INTENT TO DESTROY OR DAMAGE PROPERTY SECTION 3 CDA 1971

Answer 5

a person commits an offence who has anything in their custody or under their control intending without lawful excuse to use it or cause or permit another to use it to :-
A - destroy or damage property belonging to another
B - to destroy or damage their own or another’s property in a way which they know is likely to endanger the life of some other person.

Either way - 10 years imprisonment