7572496
Aggravated Criminal Damage - s.1 (2)
CRIMINAL DAMAGE ACT 1971
- Actus Reus
- The danger to life must be caused by
the damage or destruction, not merely
by D's act: STEER
- Life does not actually have to be
endangered. It is enough that D
intends or is reckless as to
endangering life: PARKER
- Destruction or damage may
be to D's own property or
belonging to another:
MERRICK
- Must have actus reus of basic criminal damage.
- The danger to life must be caused by
the damage or destruction, not merely
by D's act: STEER
- Mens Rea
- Intention or reckless as to
destroying or damaging
any property
- Intention or recklessness as to whether
the life of another is endangered by
the destruction or damage
- Must have mens rea of basic
criminal damage.
- Intention or reckless as to
destroying or damaging
any property
- 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:
- Additional mens rea in
s.1 (2) (b)
- Because of s.1 (2) (b)
aggravated criminal
damage is more serious and
carried a maximum
sentence of life
imprisonment
- Because of s.1 (2) (b)
aggravated criminal
damage is more serious and
carried a maximum
sentence of life
imprisonment
- The destruction or
damage does not have to
be to property belonging
to another.
- Lawful excuse
does not apply
- Additional mens rea in
s.1 (2) (b)
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