aggravated criminal damage

r v whiteley

definition of damage - ‘any alteration to the physical nature of the property concerned may amount to damage within meaning of the section

s1(2) criminal damage act 1971

aggravated criminal damage elements

• offence can be committed whether or not property belongs to another

• there’s an extra mens rea element in relation to endangerment of life

• s5 is inapplicable (protection of property belonging to himself/another)

elements of aggravated offence

endangerment of life must be by destruction/damage - if endangerment by other means, d not guilty

d must intend to endanger life - doesn’t mean it must actually be endangered

dudley 1989

words ‘destruction or damage in s2(1)(b) refers to destruction/damage intended/recklessness, not damage/destruction actually casued

steer

d shot at bedroom window of house with rifle. only danger to occupants of house arose from act of shooting rather than damage arising from property. risk must arise from damage not act itself

webster 1995

d threw items from speeding car at police car in pursuit. windscreen shatters onto police

recklessness as to police losing control by being hit with a brick wouldn’t suffice. however, recklessness as to police losing control by broken glass was sufficient

wenton

d throws brick through window and throws canister of petrol and burning paper through broken window, but petrol didn’t ignite

charged with damaging property and being reckless as to whether life of one of the occupants would thereby be at risk of harm. incident of damage unrelated to incident which gave rise to risk of endangerment to life

parker

d set fire to house without checking if anyone was home at attached house next door. neighbours were out, and life not endangered in fact. not necessary for lifw to be endagered in fact

subjective recklessness

• d foresees risk

• d takes risk unjustifiably

• d has blameworthy state of mind (not adequately respecting others interests)

• d’s desire ti avoid harm does not preclude a finding of recklessness

• not an examination of d’s motive or attitude to risk