ABSTRACT
The law on criminal damage is contained in the Criminal Damage Act 1971. The Criminal Damage Act was the result of a report by the Law Commission, Offences of Damage to Property (1970) Law Com No 29. This chapter explains the actus reus and mens rea of the basic offence of criminal damage, the actus reus and mens rea of the offence of endangering life when committing criminal damage, the actus reus and mens rea of arson and other offences related to criminal damage. It analyses critically all offences in the Criminal Damage Act 1971. The chapter applies the law to factual situations to determine whether there is criminal liability for an offence under the Criminal Damage Act 1971. The Criminal Damage Act creates four offences which are: the basic offence of criminal damage; aggravated criminal damage; arson; and aggravated arson. The basic offence of criminal damage must be destruction or damage by fire.
