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Criminal Law Lecture Notes
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Lecture notes, 1,2,3,4 for criminal law.
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CRIMINAL LAWLARGE GROUP 4
Student Guide
Criminal Damage
Context
Criminal damage is an important offence from both a practical and a legal policy
perspective. This is because, in a property-owning democracy, everyone has an
expectation that their property will be protected from those who choose to wilfully
damage it. This applies equally to an individual whose car is vandalised and to a
business whose warehouse is burned down. Such issues tend to come to the fore at
times of civil unrest when acts of criminal damage occur on a large scale.
Arson is a particularly damaging offence, not just because it is frightening and
dangerous for those affected, but also there are potentially serious economic
consequences. Such damage may stop a company from being able to trade
completely, or property owners may struggle to obtain future insurance against fire at
an economic rate, so causing the business to fail for this reason.
Outcomes
By the end of this Large Group you should be able to:
1. Define simple and aggravated criminal damage and arson and explain how these
are applied in practice.
2. Explain the concept of lawful excuse and when this will operate as a defence to a
charge of criminal damage.
1. Introduction and context – Criminal damage is a category of related
offences, it is not a single offence. There are a range of offences below:
In today’s Large Group you will gain an overview of a range of offences
contained in the Criminal Damage Act 1971:
simple criminal damage
arson
aggravated criminal damage, and
aggravated arson
docs_146211735.docx 171 © The University of Law Limited
,1.1 Criminal damage in the context of twenty-first century Britain
The economic, social, and financial cost of criminal
damage is huge. There are minor offences like teens
putting graffiti on walls or smashing train windows. But
there are also bigger crimes like riots where criminal
damage is caused to shops and shops being TORCHED.
There can be different motives for these crimes –
boredom, revenge, anger. For example, someone may
get revenge by keying an ex’s car.
Some may just want to damage another’s property out
of jealousy or anger.
Some may have political actions, like the destruction of
genetically modified procs (green peace) in 1999.
More recently, four women were convicted for writing
‘no death drones’ on the runway at a formal royal Air
Force space in Snowdonia.
Victims of criminal damage – can vary – The public, train
operators, customers, shop keeps, businesspeople.
Criminal damage could affect anyone.
There is also the public policy point of view – it is
important that criminal damage is illegal. If it is not
dealt with as a crime, people will lose confidence in the
Police and rule of law, as damage to property is personal
and unacceptable. If it is not dealt with, people may
end up turning to ways to protect their own property
which is unlawful.
© The University of Law Limited 172 docs_146211735.docx
, Economic impact – for example the cost of rectifying
criminal damage. The 2011 Riots cost businesses
millions and the insurance ind paid out lots of money.
Small shop owners were put out of business.
Criminal damage in public spaces, parks, toilets, buses is
expensive to repair and discourages people from
spending time in spaces, therefore making society less
pleasing and unsafe place.
Everyone has noticed criminal damage at one point –
smashed windows, graffiti, items broken.
4 in every 100 household are victims each year. This
has dropped as it used to be 10 in every 100 houses in
1995.
It is now less common than in the past though, due to
CCTVB etc.
2. Simple criminal damage
Section 1(1) Criminal Damage Act 1971
A person who without lawful excuse destroys or damages any property belonging to
another intending to destroy or damage any such property or being reckless as to
whether any such property would be destroyed or damaged shall be guilty of an
offence.
2.1 Actus reus – Made up of key elements.
The defendant must destroy or damage property belonging to another without
lawful excuse.
2.1.1 Destruction or damage
- Includes physical harm, perm or temp.
docs_146211735.docx 173 © The University of Law Limited
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