Basic Offence of

Criminal Damage
Criminal Damage Act 1971

Basic offence of Criminal

Damage - Definition
The basic offence of criminal damage is stated in S.1(1) of the Criminal Damage Act 1971 as:

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

AR - Destroy or Damage
Damage is not stated in the Act itself. What damage means is a matter regarding the courts

A case related to criminal damaged used before the 1971 Act stated that even slight damage could
constitute to damage. As this is old law prior 1971 so thus meaning it is no longer binding however can be
used as precedent. Case: Gayford V Chouler

Damage does not have to be permanent. Case: Roe V Kingerlee (Smeared mud on on walls of police cell).

Can be temporary damage. Case: Hardman V Chief Constable of Avon and Somerset (water-soluble
paint on pavement).

Damage can be where there is temporary impairment of value or usefulness. Case: R V Fiak (Blanket down
toilet and flooded cell causing payment to be made for cleaning of blanket and cell). > However if there
are no costs or efforts in cleaning then it is not damage. Case: A V R (Spat on policeman's clothes).

Must be some reduction in value or usefulness for it to be damage. Case: Morphitis V Salmon (Scratch on
scaffold pole not damage as it was bound to get scratches and didn't decrease usefulness).

AR - Property
Property is defined in S.10(1) of the Criminal Damage Act 1971. It says:

Property must be of a tangible nature, wether real or personal, including money. It includes wild creatures
which have been tamed or are usually kept in captivity. Also wild creatures if kept in someones possession.

Personal Property covers all property that can be owned by people. E.g. Books, clothing, tools and cars

Real Property means land and buildings or other structures attached to the land.
AR - Belonging to another
S.10(2) defines property belonging to another if one is:

1. having the custody or control of it; or

2. having in it any proprietary right or interest; or

3. having a charge on it.

This means property is not restricted to the owner. E.g. A co-owner could be guilty of criminal damage as
the other co-owner has proprietary right in the property.

Belonging to another can be property that belongs to you and another. Case: R V Smith (damaged
electrical wires in his flat, however this property belonged to the landlord as well).

AR - Without lawful excuse.

This is set out in S.5(2) of the Criminal Damage Act 1971.

Defines lawful excuse where there D believes that:

A. the owner (or another with proprietary rights) would have consented to the damage. Case: R V Denton
(Boss asked him to set fire to workplace for fraudulent reasons).

B. other property was at risk and in need of immediate protection and what he did was reasonable in the
circumstances. Case: Cresswell and Currie (destroyed traps to protect badgers. however badgers are not
property and they dont belong to another).

Intoxicated mistake where D genuinely and honestly believes they have got consent. Case: Jaggard V
Dickinson (Drunk girl got taxi and smashed wrong houses window).

MR - Intention + Reckless
Intention

D must intend to damage the exact property. Case: R V Pembliton (Threw stone at man but missed them
and broke a window).

If the act causes damage but D doesnt mean for it to then then is enough for intention. Case: R V Seray-
White (Wrote on parking notices but didn't intend to cause damage just to write on them).

Reckless

The defendant can only be found guilty if he realised the risk of damage. MUST BE SUBJECTIVE ONLY.
Case: Gemmell and Richards (the young male defendants (11 and 12) set fire to bin thinking it would
extinguish itself due to concrete floor however it did not. Held that as the boys did not realise the risk of
damage it was not Criminal Damage after appeal).

Aggravated Criminal
Damage
S.1(2) of the Criminal Damage Act 1971
 Aggravated Criminal
Damage
S.1(2) states that: A person who without lawful excuse destroys or damages any property,
whether belonging to himself or another
a. intending to destroy or damage any such property or being reckless as to whether any such
property would be destroyed or damaged
b. 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. This consists of the basic offence
criminal damage plus intending or being reckless as to whether anothers life is endangered.

All the basic offence of criminal damage elements (however can be belonging to another or himself)
plus:

1. Danger to life must come from the damage. Case: R V Steer (fired three shots at his old business
partners house but didnt harm another). The endangerment must be done intentional or reckless.
Case: R V Warwick (Threw stones over bridge and hot top of coach)

2. Reckless must be presumably subjective. Case: Gemmell V Richards (see slide 7)

3. Can commit the offence by damaging own property. Case: R V Merrick (D was employed by the
householder to remove some old television cable. They charged Merrick and the courts stated that if it
was the original owner has done the work personally then he would have equally been guilty, even
though it was his own property).

Criminal Damage by
Arson
S.1(3) of the Criminal Damage Act 1971

Criminal Damage by Arson

Defined under S.1(3) as:

An offence committed by under this section by destroying or damaging property by fire shall be considered
as arson.

Must be property belonging to another.