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Criminal damage endangering life

s.1(2)Criminal Damage Act 1971

Without lawful excuse, destroying or damaging any property, including your own, intending or being reckless as to damage and intending or being reckless as to whether the damage would endanger another person's life.

Criminal damage endangering life · Criminal Damage Act 1971, s.1(2)Card 23 / 85

Points to prove

Without lawful excuse
Destroyed or damaged
Any property, whether belonging to themselves or another
Intending to destroy or damage any property, or being reckless as to whether any property would be destroyed or damaged
And intending by the destruction or damage to endanger the life of another, or being reckless as to whether the life of another would be endangered by it

Key definitions

Property – s.10(1): property of a tangible nature, real or personal, including money. Under s.1(2) it can be the defendant’s own property.
Reckless – the defendant was aware of a risk and it was unreasonable to take it in the circumstances known to them (R v G 2003). This applies to both the damage and the danger to life.
Endanger the life of another – the danger must be to someone other than the defendant.

Defences

The statutory lawful excuses in s.5 do not apply to s.1(2) (s.5(1)). General defences, such as self-defence, can still apply.

Good to know

The danger to life must come from the destruction or damage itself, not just from the defendant’s act. In R v Steer (1987) shots fired through a window did not count, because any danger came from the bullets, not the broken glass.
Life does not have to be actually endangered. What matters is the defendant’s intention or recklessness.
If the damage is caused by fire, it is charged as arson endangering life under s.1(2) and (3).
The maximum is life imprisonment (s.4(1)).

Legislation: Criminal Damage Act 1971, s.1(2) (opens legislation.gov.uk in a new tab)
Mode of trial: Indictable only
Maximum penalty: Life imprisonment