CRIMINAL DAMAGE

CRIMINAL DAMAGE

1. s1 (1) Criminal Damage Act 1971

   • A person who without lawful excuse destroys or damages 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

2. Points to Prove

   • Lawful Excuse
     • Permission
     • Protection

3. s1 (2) Criminal Damage Act 1971

   • A person without lawful excuse destroys or damages property whether belonging to himself or another intending to destroy/damage any property or being reckless as to whether any property would be destroyed or damaged AND Intending by the destruction/damage to endanger the life of another or being reckless as to whether the life of another would thereby be endangered

4. s3 Criminal Damage Act 1971

   • An offence is committed by a person 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 to destroy/or damage any property belonging to some other person OR To destroy/or damage their own or the user’s property in a way which they know is likely to endanger the life of some other person

5. ARSON

6. Damage < £5000 simple criminal damage

7. Either-Way