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9084 · 2.2.7

Criminal damage as defined in Criminal Damage Act 1971

9084 Criminal — destroying or damaging property belonging to another without lawful excuse.

Need to know

What you need to know

  • Actus Reus: Destroying or damaging property belonging to another, without lawful excuse.
  • Mens Rea: Intention or recklessness as to the destruction or damage.
  • The offence is triable either way, meaning it can be heard in the Magistrates' Court or the Crown Court, depending on the value of the damage.
  • The maximum sentence for basic criminal damage is 10 years' imprisonment.

Explanation

Criminal damage as defined in Criminal Damage Act 1971

  1. Actus Reus: Destroying or damaging property belonging to another, without lawful excuse.
  2. Mens Rea: Intention or recklessness as to the destruction or damage.
  3. The offence is triable either way, meaning it can be heard in the Magistrates' Court or the Crown Court, depending on the value of the damage.
  4. The maximum sentence for basic criminal damage is 10 years' imprisonment.