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Criminal Damage Solicitors – Damage is not constrained to perpetual Damage, so spreading mud on the dividers of a police cell might be criminal Damage. The Damage requires not be unmistakable or substantial on the off chance that it influences the esteem or execution of the property.
Criminal Damage Act
According to this act – “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 shall be guilty of an offence.”
Threats to destroy or damage property
A person who without lawful excuse makes to another a threat, intending that that other would fear it would be carried out,—
(a) To destroy or damage any property belonging to that other or a third person; or
(b) To destroy or damage his own property in a way which he knows is likely to endanger the life of that other or third person;
shall be guilty of an offence.
The objective element of this offence consists of
- Destroying or damaging
- Belonging to another
- Without lawful excuse.
Destroys or damages
What is contemplated by “destroy or damage” is actual destruction or damage; that is, some physical Damage, impairment or deterioration which can be usually perceived by the senses.
The damage or destruction in issue will normally arise from the defendant’s freely willed act. However, a defendant may be held responsible for failing to halt the spread of Damage started accidentally.
The basic definition of property, for the purposes of this offence, is provided by s10(1) which states:
‘In this Act “property” means property of a tangible nature, whether real or personal, including money and- a) including wild creatures which have been tamed or are ordinarily kept in captivity, and any other wild creatures or their carcasses if, but only if, they have been reduced into possession which has not been lost or abandoned or is in the course of being reduced into possession; but b) not including mushrooms growing wild on any land or flowers, fruit or foliage of a plant growing wild on any land. For the purposes of this subsection, “mushroom” includes any fungus and “plant” includes any shrub or tree.’
Belonging to another
Section 10(2) provides the basic definition of belonging to another. It states:
“Property shall be treated for the purposes of this Act as belonging to any person- a) having the custody or control of it; b) having in it any proprietary right or interest …; or c) having a charge on it.”
Under s1(3), if either of the above offences under ss 1(1) and 1(2) are committed by fire the offence shall be charged as arson. Where a defendant ravages or damages property by fire the congruous course would be to charge him with an offence contrary to ss 1(1) and (3), or an offence under ss 1(2) and (3) as opportune.
Threats to ravage or damage property
Section 2 engenders the offence of (a) making threats to damage or eradicate another’s property, intending to cause fear thereby, without lawful excuse; or (b) making threats to damage his own property in a way which he kens is liable to imperil life, again intending to cause fear as a result.
Possessing anything with intent to eradicate or damage property
Section 3 makes it an offence for any person, without lawful excuse, to have in his control: (a) anything he intends to utilize to damage another’s property, or (b) which he intends to utilize to damage his own property in a way which he kens is liable to imperil life.
A person censurable of arson or of an offence under s1(2) shall on conviction on indictment be liable to confinement for life (s4(1)). A person culpable of any other offence under this Act shall on conviction on indictment be liable to confinement for a term not exceeding ten years (s4(2)).
Who can You contact for advice? | Criminal Damage Solicitors at MB Law Ltd can provide you immediate legal assistance
Please feel free to contact our Team of specialist criminal defence solicitors/lawyers who specialise in all the above-described matters related to criminal law in all parts of London namely Hounslow, Uxbridge, Ealing, Kingston, Sutton, Harrow, Wood Green, Leyton, West End, Knights Bridge, Croydon, Bromley, Greenwich, Poplar, Ilford, Romford, Redbridge, Westminster, Brent, Islington, Havering, Barnet, Enfield, Wandsworth, Southwark, Barking and Dagenham, Bexley, Newham, Lewisham, Camden, Barnet, Havering, Merton, Hammersmith and Fulham, Hillingdon, etc.