Criminal Damage: Mens Rea

[Flash Card 1 of 1]

Criminal Damage Act 1971 (CDA)

• S1(1) CDA: 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.
• S1(2) CDA:..intending by the destruction or damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered...

Basic:

• S1(1) CDA: intention / recklessness must be subjective (R v G)

Aggravated:

• S1(2) CDA: specific intent to endanger life / or being reckless as to endangering life
• no life need be endangered (Dudley)
• own property / no lawful excuse / can be guilty
• danger resulted from damage / not cause of damage (Steer)
• D must intend or be reckless that damage will endanger life / brick police car (Warwick)

bits of law