Criminal damage - an offence that could catch you out

Criminal damage is essentially the destruction or damage of property. It is a statutory offence, making it very easy in an exam (Criminal Damage Act 1971). However, not many people know how technically easy it is to be guilty of it. This is due to the recklessness aspect of the offence. This is subjective and means the offence is more easily made out than one solely based on intention, as a foresight of the consequences could lead to the mens rea being made out. The table below sets out criminal damage, as well as arson and the aggravated versions of these offences, and hopefully will act as a bit of a cheat sheet.

Offence:	Actus Reus:	Mens Rea:	Defences:
Criminal Damage (section 1(1)):	Destruction/damage of another’s property without lawful excuse.	Intention/recklessness as to destruction/damage.   Knowledge/belief that property belonged to another. Subjective – about what the defendant knew/believed and whether he foresaw the risk as unjustified.	Lawful excuse: D honestly believed person would have consented to damage/destruction. Property was in immediate need of protection and actions were reasonable.
Arson (section 1(1) + 1(3)):	As above + by fire.	As above.	As above.
Aggravated criminal damage (section 1(2)):	Destruction/damage to your/another’s property.	Intention/recklessness as to damage/destruction. Intention/recklessness aa to endangerment of life – does not matter if no life was actually endangered about what the defendant intended. No need to believe/know property belonged to another.	Only general defences – cannot rely on lawful excuse.
Aggravated arson (section 1(3) + (2)):	As above + fire.	As above.	As above.