General Offences Series Criminal Damage Bindmans

If the damage is less than $1,000, the simple criminal damage to property charge will be a misdemeanor punishable by 0 to 6 months in prison. If the damage value is greater than $1,000 but less than $50,000, the charge becomes a felony punishable by zero to two years in prison and/or a fine of up to $1,000.. The law on criminal damage is contained in the Criminal Damage Act 1971. This created a complete code for this area of the law, just as the Theft Act 1968 did for the law on theft. The Criminal Damage Act was the result of a report by the Law Commission, Offences of Damage to Property (Law Com No 29) (1970). As well as codifying the law on.

Elements of the Offence: Aggravated Criminal Damage. Aggravated Criminal Damage is identical to Simple Criminal Damage, in that in order for a defendant to be convicted of the aggravated offence, the prosecution must prove that the defendant (intentionally or recklessly) damaged property belonging to another (as above).. The actus reus of criminal damage is to destroy or damage property belonging to another without lawful excuse: Criminal Damage Act 1971, s 1(1).. The mens rea of criminal damage is twofold. Firstly, the defendant must intend to destroy or damage property or be subjectively reckless as to whether the property would be damaged or destroyed: Criminal Damage Act 1971, s 1(1).