Aggravated Criminal Damage - s.1 (2) CRIMINAL DAMAGE ACT 1971

Actus Reus
1. The danger to life must be caused by the damage or destruction, not merely by D's act: STEER
2. Life does not actually have to be endangered. It is enough that D intends or is reckless as to endangering life: PARKER
3. Destruction or damage may be to D's own property or belonging to another: MERRICK
4. Must have actus reus of basic criminal damage.
Mens Rea
1. Intention or reckless as to destroying or damaging any property
2. Intention or recklessness as to whether the life of another is endangered by the destruction or damage
3. Must have mens rea of basic criminal damage.
DEFINITION: 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.
Similar to basic offence with some differences:
1. Additional mens rea in s.1 (2) (b)
  1. Because of s.1 (2) (b) aggravated criminal damage is more serious and carried a maximum sentence of life imprisonment
2. The destruction or damage does not have to be to property belonging to another.
3. Lawful excuse does not apply

Resource summary

	Created by Lucy Nove almost 8 years ago