Examples of criminal damage include arson, graffiti on a public building, and forced entry. See here a breakdown of the legal definition of criminal damage, as mentioned above.
Damage
Under the Criminal Damage Act 1971, there is no definition of ‘damage’. This can work in favour or to a detriment, as it is up to the court to decide whether something constitutes criminal damage. Under this Act, there is no requirement for the damage to be permanent. For example, throwing eggs at a house and smearing mud on a wall would be included as criminal damage.
There is also no requirement for the damage to be visible, so by damaging the functionality of a building or object, even if it is not visible, it would still be classed as criminal damage.
Property
‘Property’ under the Criminal Damage Act 1971, is any tangible property and land. This means that, as well as damage to buildings, dumping waste onto another person’s land would be classed as criminal damage.
Accidents
Despite arguing that someone did not inflict criminal damage deliberately, it is possible that they may still be charged. This is because the accident may have been reckless. To inflict damage recklessly, the accused must be assumed:
- To have been aware that there was a risk damage could be caused.
- To have taken the risk unreasonably under the circumstances.
Aggravated Criminal Damage
Aggravated criminal damage is the same as criminal damage but with the intent to endanger life. An offence like this increases the penalty to life imprisonment.
