Threats to damage property
Date Produced: 23 August 2007
Title: Criminal Damage
Offence: Threats to Damage Property
Legislation: S2 Criminal Damage Act 1971
Mode of Trial: Either way
Statutory Limitations & Maximum Penalty: 10 years
Culpability & Harm
- Nature of threats
- Repeated threats
- Threaten Revenge
Aggravating & Mitigating Factors
- Motivation revenge or political
- Hate Crime
- Pre-planned
- Nature of threat
- Repeated threats/campaign of harassment
- Significant public or private fear caused
Relevant Sentencing Guidelines (If Any)
None
Relevant Sentencing Case Law
R v Kavanagh [1998] 1 Cr.App.R.(S.) 241
Guilty plea to threatening to destroy or damage property in a manner likely to endanger life. Following a quarrel with his partner, the appellant released gas from a gas fire and an oven and threatened to blow up their flat. Police and fire services were called and the threat was not carried out. 3 years.
R v Bonehill [1998] 2 Cr.App.R.(S.) 90
Guilty plea. The defendant sent cassette tapes to his former partner who had recently had to move following a fire threatening to burn her house down. 4 years.
R v McCann [2000] 1 Cr.App.R.(S.) 495
Guilty plea to threatening to cause damage. The defendant was involved in a dispute with the owner of a kebab shop. He poured diesel over the floor and threatened to set it alight. Sentenced on the basis that he did not intend to set fire to the premise. 3 years.
Ancillary Orders
Compensation
Consider Also
ASBO
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