Aggravated criminal damage (+ pink=arson)

Aggravated criminal damage (+ pink=arson)

1. S1(2) CDA '71: a person will be guilty if he without lawful excuse, destroys or damages any property, whether belonging to himself or another a) intending to destroy/damage any property or being reckless as to whether any property would be destroyed or damaged, and b) intending by the destruction/damage to endanger life of another or being reckless as to whether the life of another would be endangered from the damage/destruction.

   • AR: Destoy/damage, property, belonging to another or D. MR: intention/recklessness as to destroying or damaging property, I/R as to endanger the life of another by the destruction/damage.
     • Diff to basic as: minus lawful excuses: S5(2), plus property can belong to D (or another), plus intention/recklessness to endanger life by the damage/destruction caused.

2. Additional MR: I/R as to endanger life by the damage/destruction of the property. 2 parts: 1) D must intend/reckless about endangering another person's life: just intention/recklessness is enough, no life need to be endangered. Sangha: reckless about endangering life as realised risk of fire spreading, doesn't actually need to endanger another life. 2) by the damage.descution of property. I/R to endanger life must come from the damage to the property and not from D's act which causes the damage, Steer: D's conviction quashed as the glass wouldn't have endangered someone's life (fired 3 shots at the home of V, causing damage to the house.

3. Arson: S1 (3) CDA '71: destroy or damage property by fire. All requirements of S1(1) or S1(2) still apply. All same as basic offence, only additional requirement is that the damage is carried out by fire. When D is charged with agg arson, the prosecution will also have to prove that D I/R as to endangering the life with the damage caused by the fire (not fire itself, damage caused by the fire). Arson cases: R v G and R, Sangha, Denton, Miller. Miller= arson can be carried out by omission.