Criminal damage and arson
Arson / criminal damage with intent to endanger life
Criminal Damage Act 1971, s.1(2) and (3)
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Indictable only
- Maximum penalty
- Life imprisonment
Actus reus
- Destroy or damage property by fire intending to endanger life or being reckless as to whether life would be endangered (s.1(2)–(3)).
Mens rea
- Intent to endanger life, or recklessness as to endangerment of life, in addition to damage by fire.
Verified case law
R v G[2004] UKHL 50
Criminal damage recklessness requires subjective foresight of risk; Caldwell objective recklessness does not apply.
Defences
No intent/recklessness as to endangering life · No fire damage by defendant · Accident
Sentencing Council
Sentencing Council guideline effective 1 October 2019. Offence range: high-level community order to 12 years' custody.
At the police station
Occupied dwellings and escape routes matter. Distinguish simple arson from endanger-life.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Criminal Damage Act 1971, s.1(2) and (3) ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Criminal damage ↗
- Case law:R v G [2004] UKHL 50 ↗