Criminal damage becomes a far graver offence when life is endangered — a crime defined by what the defendant foresaw, not by any harm actually done.
A defendant can face life imprisonment under section 1(2) without anyone being hurt, and even for destroying their own property. This chapter starts with the offence itself — its elements, sentence and mode of trial, and why actual endangerment of life is not required. It then examines the dual mens rea, including the subjective nature of recklessness for the second limb, before unpacking the 'thereby' requirement and the crucial distinction between danger flowing from the damage and danger flowing merely from the defendant's act. It closes with defences, explaining why the section 5 lawful excuses are unavailable and how voluntary intoxication interacts with the offence.
