Criminal Damage

• What are the four types of criminal damage?

  • Basic criminal damage
  • Aggravated criminal damage
  • Arson
  • Aggravated arson
• What statute is an offender charged under?

  S. 1 (1) Criminal Damage Act 1971
• What is the actus reus for basic criminal damage?

  Destroys or damages property belonging to another without lawful excuse
• What is the mens rea for criminal damage?

  • Intention or recklessness as to the damage/destruction
  • Knowledge or belief that the property belonged to another
• Damage has been understood as time, effort and expense to rectify as seen in Handman v Chief Constable of Avon and Somerset Constabulary [1986] Crim LR 330 where the defendant painted the sidewalk with water-based paint which would've washed away
• Damage has also been understood as the impairment of value or usefulness as seen in Samuels v Stubbs [1972] in which the trampling of a policeman's hat was deemed criminal damage
• What is the actus reus for ACD?

  Destroys or damages property without lawful excuse
• What is the mens rea for ACD?

  Intention or recklessness as to the damage/destruction and as to endangering life