Criminal damage offences

• What constitutes criminal damage?

  Destroying or damaging property belonging to another without lawful excuse
• What is the intention required for criminal damage?

  The intention to destroy or damage property or being reckless about it
• What is the minimum damage level required for criminal damage?

  Slight damage
• What type of property is considered in criminal damage?

  Physical property
• Are wild plants and fungi included in criminal damage offences?

  No, they are excluded
• What are the defenses available for criminal damage?

  Consent or honest belief that the owner would have consented, and destruction to protect their own property
• What is the requirement for aggravated criminal damage regarding property ownership?

  The property cannot belong to the defendant
• What must the defendant intend in aggravated criminal damage?

  To endanger life or be reckless about it
• Does it matter if life was actually endangered in aggravated criminal damage?

  No, it does not matter
• What is arson in the context of criminal damage?

  Criminal damage by fire
• What is aggravated arson?

  Aggravated criminal damage with intent to endanger life
• What are the key elements of criminal damage offences?

  • Destroy or damage property belonging to another
  • Without lawful excuse
  • Intention or recklessness required
  • Slight damage level
  • Physical property only
  • Wild plants and fungi excluded
• What are the differences between criminal damage and aggravated criminal damage?


  • Criminal damage: property can belong to anyone, intention to damage
  • Aggravated criminal damage: intention or recklessness as to endanger life
• What are the distinctions between arson and aggravated arson?

  • Arson: criminal damage by fire
  • Aggravated arson: arson with intent to endanger life