Criminal Damage with intent or being reckless to endanger life
Date Produced: 23 August 2007
Title: Criminal Damage
Offence: Criminal Damage with intent or being reckless to endanger life
Legislation: S1(2) CRIMINAL DAMAGE ACT 1971
Mode of Trial: Indictable Only
Statutory Limitations & Maximum Penalty: Life. Serious Specified Offence
Aggravating and Mitigating Factors
- Intentional / reckless.
- Motivation - revenge or political
- Hate Crime
- Pre-planned.
- Extent of damage.
- Significant public or private fear caused.
Relevant sentencing Guidelines
None but note
R v Hooof[1980] 2 Cr.App.R.(S.) 299 [Arson] there should be separate counts alleging intent to endanger life and reckless as to whether life might be endangered.
Relevant Sentencing Case Law
R v Dodd [1997] 1 Cr.App.R.(S.) 127
The defendant drove through the doors of a Magistrates Court which had disqualified him causing £34K damage. Guilty Plea. 4 years.
R v Mynors [1998] 2 Cr.App.R.(S.) 279
Guilty plea to damage reckless as to whether life was endangered. The defendant cut the gas pipe following an argument with his partner. 2 years.
R v Messenger [2001] 2 Cr.App.R.(S.) 24
Guilty plea to damaging property, being reckless as to whether life was endangered. The defendant cut the brake pipes of a motor car belonging to the step father of his former girlfriend. 3 years.
R v Mann [2001] 2 Cr.App.R.(S.) 507; [2001] EWCA Crim. 646
Guilty plea to two counts of damaging property, being reckless as to whether life would be endangered. The defendant poured petrol over a man in a pub. 4 years.
Ancillary Orders
- Compensation.
Consider Also
- ABSO
Links
Archbold 23-15, 23-46
Thomas B.7.2
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