Criminal damage is an offense under English law, currently defined by the Criminal Damage Act 1971 for England and Wales. The act sets out a graded structure of offenses running from merely preparatory acts up to the most serious forms of damage, including arson and causing damage with intent to endanger life. Sentences range from a fixed penalty for minor damage up to life imprisonment for the gravest offenses, and a court may also order the offender to pay compensation to the victim.
Facts
Classification CodeCriminal Damage Act 1971, section 1(1) 1 Typical PenaltyOffences under sections 1(2) and 1(3) of the 1971 Act (including arson) carry a maximum of life imprisonment; all other offences carry a maximum of ten years' imprisonment 2 Elements of OffenseWithout lawful excuse, destroying or damaging property belonging to another, intending to destroy or damage such property or being reckless as to whether it would be destroyed or damaged 2 Notable ExampleMorphitis v Salmon (1989): a scratch to a scaffolding pole could not be proven to have been done by the defendant, and the court doubted whether it could amount to damage at all as it did not impair its value or usefulness 2 Jurisdiction VariationThe Act applies in England and Wales, and also in Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977 (SI 1977/426) 2 Classification
Offense GradeMinor or Summary Offense 1 Connections
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Sources
1. Criminal Damage Act 1971, section 1, legislation.gov.uk
Section 1(1), Destroying or damaging property
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.
In Group: Vandalism and Criminal Damage, Section text
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.
View the Source2. Criminal damage in English law, Wikipedia
Basic offence under section 1(1)
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.
Sentencing paragraph on section 4 of the 1971 Act
Section 4 of the 1971 act sets out that offences under sections 1(2) and 1(3) are punishable by a maximum term of life imprisonment and all others by a maximum of ten years' imprisonment.
Discussion of the meaning of damage, Morphitis v Salmon
a scratch to a scaffolding pole could not be proven to have been done by the defendant, and the court doubted whether it could amount to damage anyway as it did not impair its value or usefulness.
Paragraph on territorial application
The Criminal Damage Act 1971 applies in England and Wales, and also to
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