ABSTRACT
The basic offence is an offence under s 1(1) Criminal Damage Act 1971. The Act makes it an offence for 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. Property is defined in s 10 Criminal Damage Act 1971 as property of a tangible nature, whether real or personal, and including money. Damage includes temporary impairment of value or usefulness. However, damage was held not to include spit which landed on a policeman's uniform and could be wiped off with very little effort. Endangering life is an aggravated offence of criminal damage under s 1(2) Criminal Damage Act 1971. The mens rea is intending or being reckless both as to whether property would be destroyed or damaged and as to whether life would be endangered thereby.
