ABSTRACT
The law on criminal damage is contained in the Criminal Damage Act 1971. The cases prior to the Criminal Damage Act 1971, of course, no longer binding, but they may be used as persuasive precedent. In English cases under the Criminal Damage Act 1971, although it has been held that non-permanent damage can come within the definition of ‘damage’, the courts’ approach seems to be based on whether it will cost money, time and/or effort to remove the damage. Prior to the passing of the Criminal Damage Act 1971 the law on criminal damage was contained in the Malicious Damage Act 1861 and amending Acts. The criminal act in the offence is causing damage to or destruction of “property belonging to another” and the element of mens rea, therefore, must relate to “property belonging to another”. Also there is an objective test to decide whether the act that the defendant did was done for the immediate protection of other property.
