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Rhian Nicole Mason

This offence has its own act ­ The Criminal Damage Act 1971, Section 1 (1) is the basic offence,
Section 1 (2) is the aggravated offence and Section 1 (3) is arson. Both (2) and (3) include intent to
endanger life.

Criminal Damage
Section 1(1) ­ "A…

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Rhian Nicole Mason

Smith (1974) ­ damaged fixtures when removing wiring, fixtures were ultimately the
landlords yet D honestly thought they were his so could damage them.

Without lawful excuse

S5 (2) ­ two lawful excuses if the defendant believes that:

a) The owner would consent to the damage

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Rhian Nicole Mason

Steer (1987) ­ D shot at house causing damage, danger to life was not a result of the damage but
of firing the gun

If the defendant intends to danger life that is enough, this is a pure Mens Rea matter.

This is under section 1…


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