Criminal Damage

Criminal Damage 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.

Points to Prove:

• Date & location

• Without Lawful Excuse

• Destroyed/Damaged

• Property to Value of

• Intent to destroy/damage OR recklessness

Sentence:

• Either Way

• 10 years

Damage with Intent to Endanger Life

Criminal Damage Act 1971 s1(2)

A person who without lawful excuse, destroys or damages any property, whether belonging to himself 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 thereby endangered;

shall be guilty of an offence.

Points to Prove:

• Date & location

• Without lawful excuse

• Destroy/damage

• Property

• Whether belonging to self or another

• With intent destroy/damage or recklessly destroy/damage AND

• Intending by destruction/damage to endanger life of another OR

• Being reckless as to whether such life would thereby be threatened

Sentence:

• Indictable

• Life

Threats to Destroy/Damage Property

Criminal Damage Act 1971 s2

A person who without lawful excuse makes to another a threat, intending that the other would fear it would be carried out –

To destroy or damage any property belonging to that other or a third person, OR

To destroy or damage his own property in a way which he knows is likely to endanger the life of that other or a third person

shall be guilty of an offence.

Points to Prove:

• Date & location

• Without lawful excuse
  EITHER

• Threatened to destroy/damage property of a person

• Intending

• A person would fear that the threat would be carried out
  OR

• Threatened to destroy/damage

• Your own property

• In a way you knew

• Was likely to endanger life of another

• Intending a person would fear threat would be carried out

Sentence:

• Either Way

• 10 years

Custody/Control of Articles with Intent to Damage

Criminal Damage Act 1971 s3

A person who has anything in his custody or control intending without lawful excuse to use it or cause or permit another to use it-

To destroy or damage any property belonging to some other person, OR

To destroy or damage his own or the user’s property in a way which he knows is likely to endanger the life of some other person;

shall be guilty of an offence.

Points to Prove:

• Date & location

• Had in custody/control

• An article/object/substance/anything at all

• Intending

• Without lawful excuse

• To destroy/damage or to cause/permit another to use that article

• Property belonging to another/own or users property where he knows the life of another is likely to be endangered thereby

Sentence:

• Either Way

• 10 years