⇒ Aggravated criminal damage is seen under section 1(2) of the Criminal Damage Act 1971.

A person who without lawful excuse destroys or damages any property, whether belonging to himself or another—

1. intending to destroy or damage any property or being reckless as to whether any property would be destroyed or damaged; and
2. 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 shall be guilty of an offence.

⇒ The offence is punishable by life imprisonment.

⇒ The actus reus of the offence involves destroying or damaging property without lawful excuse.

• So the offence can be committed by the defendant damaging his own property as seen in R v Merrick [1995].

⇒ There is no need to show that the damage or destruction actually endangers the life of others. See, for example, R v Sangha [1988].

⇒ The mens reas is in two parts:

• First, it must be shown that the defendant intended to destroy or damage the property or was reckless whether or not he or she did so → this is the same as the mens rea requirement for criminal damage.
• Second, it must be show that the defendant intended or was reckless to the endangerment of someone's life as a result of the criminal damage → it must be stressed that the endangerment of life must result from the criminal damage, as established in R v Steer [1988].