Criminal Damage

Introduction

**Criminal damage** is governed almost entirely by the **Criminal Damage Act 1971**, which replaced the old Malicious Damage Act 1861 with **three statutory offences**: the basic offence of **simple criminal damage** (s. 1(1)), the **aggravated offence** of criminal damage with intent to endanger life or being reckless as to endangering life (s. 1(2)), and **arson** where damage is caused by fire (s. 1(3)). This chapter explains each offence, the modern **subjective** test of recklessness following **R v G [2003] UKHL 50**, the crucial **Steer** point on aggravated damage, and the self-contained **lawful excuse** defence under **s. 5**.

Assessment focus

Criminal damage is a regular feature of the SQE1 FLK2 assessment. The single most heavily tested points are: (i) the **subjective** test of recklessness in **R v G** (the trap being an objective Caldwell-style answer, especially in fact patterns involving **children** or the **mentally vulnerable**); (ii) the rule in **R v Steer [1988] AC 111** that the danger to life under s. 1(2) must flow from the **damage** and not from the **act** causing it; (iii) the **honest (not necessarily reasonable) belief** test under s. 5(2)(a) and **Jaggard v Dickinson**; and (iv) the **objective outer limit** on the protection-of-property defence in **R v Hill and Hall**. Questions are single best answer (SBAQ) set in realistic scenarios requiring you to **apply** these rules. This is a closed-book assessment — recall the offences, the key tests and the leading cases from memory.

Study tips

1) Learn the **three offences** and their pairings: simple = s. 1(1); aggravated = s. 1(2); arson = s. 1(3) plus either s. 1(1) (simple arson) or s. 1(2) (aggravated arson). 2) Recklessness is **subjective** since **R v G** — overruling **Caldwell**; the defendant must himself foresee the risk, with age and capacity taken into account. 3) **Steer**: under s. 1(2) the danger to life must come from the **damage** (falling masonry, broken glass, smoke), not from the **act** (the bullet, the arrow). 4) s. 1(2)/aggravated arson can be committed against the **defendant's own property** (**R v Merrick**); life need **not** actually be endangered. 5) **s. 5 lawful excuse** applies to s. 1(1) and simple arson, **NOT** to s. 1(2): belief in consent (s. 5(2)(a)) needs only be **honest** (s. 5(3); Jaggard v Dickinson); protection of property (s. 5(2)(b)) carries an **objective** second limb (Hill and Hall).