The principal offences of damage to property are governed by the Criminal Damage Act 1971. Under s 1(1), a person commits an offence if they, without lawful excuse, destroy or damage any property belonging to another with the intention to destroy or damage such property, or being reckless as to whether the property will be destroyed or damaged. This chapter deals with offences of damage to property and their mens rea, along with destroying or damaging property with intent to endanger life, arson, racially or religiously aggravated criminal damage, threats to destroy or damage property, possession offences, kindred offences, and mode of trial and sentence for those guilty of offences of damage to property. The recent case law on protest through criminal damage, along with the relevance of proportionality under the European Convention on Human Rights, is also examined.
Chapter
27. Offences of damage to property
Chapter
27. Offences of damage to property
David Ormerod and Karl Laird
The principal offences of damage to property are governed by the Criminal Damage Act 1971. Under s 1(1), a person commits an offence if he, without lawful excuse, destroys or damages any property belonging to another with the intention to destroy or damage such property or being reckless as to whether the property will be destroyed or damaged. This chapter deals with offences of damage to property and their mens rea, along with destroying or damaging property with intent to endanger life, arson, racially or religiously aggravated criminal damage, threats to destroy or damage property, possession offences, kindred offences and mode of trial and sentence for those guilty of offences of damage to property.
