Aggravated Criminal Damage

* Aggravated Criminal Damage is set out in S1(2) of the Criminal Damage Act 1971

* It consists of all the basic elements of criminal damage + intending or being reckless as to whether another person's life is endangered.

' A person without lawful excuse destroys or damages property belonging to himself or another with inention to damage/destroy the property or be reckless to damage/destroy + the intending through the destruction or damage to endager life of another or be reckless'

Danger to Life:

* The danger to life must come from the destruction or damage of property not from another source (Steer) * However, life does not actually have to be endangered, (Sangha)

Property:

* The property to another is damaged or destroyed but also, the property damaged can be the defendants own.  (Merrick) - Defendant can be charged, even when no one was hurt, but life was endangered

The prosecution must prove|:

* Intention or recklessness as to destroy or damage any property

* Intention or recklesnnsess as to whether the life was endangered by destruction or damage

1. Intention = Pemblinton

1. Recklessness = Gemmell & Richards - the defendant has to realise the risk but decide to  take that risk

Gemmell & Richards test was confirmed by (Cooper)