Simple Criminal Damage Or Aggravated Criminal Damage? {Homework}

[lawstudentx]

If somebody keys their ex partners car and then throws a rock with a note through the window, smashing the window as revenge - is it simple criminal damage or aggravated criminal damage?

Thank you.

[Buenchico]

A charge of 'aggravated criminal damage' [contrary to S.1(2) of the Criminal Damage Act 1971] is brought when, in addition to all of the elements required for a charge of of 'criminal damage' [under S.1(1) of the Act] when the accused was "intending by the destruction or damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered".

There's no endangerment to life in the scenario you outline, so the criminal damage is not 'aggravated'.

[waterboatman]

It's sheer stupidity. Your argument is with your ex. The car is innocent!

[Peter Pedant]

erm I think you have to consider whether there is anyone behind the window as the stone and note goes thro

[Peter Pedant]

if you need tart up your script with cases
there is quite a lot here
https://www.cps.gov.uk/legal-guidance/criminal-damage

[Peter Pedant]

you will notice that a lot of people will have a go at these questions even if they er dont know a lot of law .....
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