Malicious Damage

Key Definitions

“Damage” includes in relation to property to destroy, deface, dismantle or, whether temporarily or otherwise, render inoperable or unfit for use or prevent or impair the operation of,

• to do any act within the State that damages property outside the State,
• to do any act outside the State that damages property within the State, and
• to make an omission causing damage

“Property” means  property of a tangible nature, whether real or personal, including money and animals that are capable of being stolen,

Property shall be treated for the purposes of this Act as belonging to any person—

• having lawful custody or control of it,
• having in it any proprietary right or interest (not being an equitable interest arising only from an agreement to transfer or grant an interest), or
• having a charge over it.

Property Damage

A person who without lawful excuse damages any property belonging to another intending to damage any such property or being reckless as to whether any such property would be damaged is guilty of an offence.

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

• intending to damage any property or being reckless as to whether any property would be damaged, and
• intending by the damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered,

is guilty of an offence.

A person who damages any property, whether belonging to himself or another, with intent to defraud is guilty of an offence.

An offence committed  by damaging property by fire is charged as arson.

A person guilty of an offence under these provisions is liable—

• on summary conviction, to a fine not exceeding £1,000 or imprisonment for a term not exceeding 12 months or both, and
• on conviction on indictment in case the person is guilty of arson under the first or third offence above  or  the second offence above (whether arson or not), to a fine or imprisonment for life or both, and
• in case the person is guilty of any other offence above, to a fine not exceeding £10,000 or imprisonment for a term not exceeding 10 years or both.

A person is reckless if he has foreseen that the particular kind of damage that in fact was done might be done and yet has gone on to take the risk of it.

Threat to damage property.

A person who without lawful excuse makes to another a threat, intending that that other would fear it would be carried out—

•  to damage any property belonging to that other or a third person, or
• to damage his own property in a way which he knows is likely to endanger the life of that other or a third person,

is guilty of an offence. He or she is liable—

• on summary conviction, to a fine not exceeding £1,000 or imprisonment for a term not exceeding 12 months or both, and
• on conviction on indictment, to a fine not exceeding £10,000 or imprisonment for a term not exceeding 10 years or both.

Possessing any thing with intent to damage property.

A person who has any thing in his custody or under his control intending without lawful excuse to use it or cause or permit another to use it—

• to damage any property belonging to some other person, or
• to damage his own or the intended user’s property—  in a way which he knows is likely to endanger the life of a person other than the possessor, or  with intent to defraud,

is guilty of an offence. He or she is liable—

• on summary conviction, to a fine not exceeding £1,000 or imprisonment for a term not exceeding 12 months or both, and
• on conviction on indictment, to a fine not exceeding £10,000 or imprisonment for a term not exceeding 10 years or both.

“Without lawful excuse”.

The following applies to—

• an offence of damaging property  or unlawful accession data
• any offence threatening damage to property  other than one involving a threat by the person charged to damage property in a way which he knows is likely to endanger the life of another, and
• any offence of possessing something with intent to damage property other than one involving an intent by the person charged to use, or cause or permit the use of, something in his custody or under his control to damage property in such a way as aforesaid.

A person charged with an offence to which the above applies shall, whether or not he would be treated for the purposes of tis Act as having a lawful excuse apart from this  be treated for those purposes as having a lawful excuse—

• if at the time of the act or acts alleged to constitute the offence he believed that the person or persons whom he believed to be entitled to consent to or authorise the damage to (or, in the case of an offence  the accessing of) the property in question had consented, or would have consented to or authorised it if he or they had known of the damage or the accessing and its circumstances,
• if he damaged or threatened to damage the property in question or, in the case of an offence under section 4, intended to use or cause or permit the use of something to damage it, in order to protect himself or another or property belonging to himself or another or a right or interest in property which was or which he believed to be vested in himself or another and the act or acts alleged to constitute the offence were reasonable in the circumstances as he believed them to be.

It is immaterial whether a belief is justified or not if it is honestly held. An right or interest in property includes any right or privilege in or over land, whether created by grant, licence or otherwise.

This is not to cast doubt on any defence recognised by law as a defence to criminal charges.

Proceedings

Proceedings for an unlawful damage offence alleged to have been committed by a person outside the State in relation to property situated within the State may be taken, and the offence may, for all incidental purposes, be treated as having been committed in any place in the State.e

Where a person is charged with an offence above in relation to property belonging to another  it shall not be necessary to name the person to whom the property belongs, and  it is presumed, until the contrary is shown, that the property belongs to another.

Where a person is charged with an offence of unlawful damage n relation to such property as aforesaid, it shall also be presumed, until the contrary is shown, that the person entitled to consent to or authorise the damage concerned had not consented to or authorised it.

Jurisdiction of District Court.

No rule of law ousting the jurisdiction of the District Court to try offences where a dispute of title to property is involved shall preclude that court from trying offences under this Act.

Arrest without warrant.

This part applies to almost all offences.

Any person may arrest without warrant anyone who is or whom he, with reasonable cause, suspects to be in the act of committing an offence to which this provision  applies,. Where an offence to which this section applies has been committed, any person may arrest without warrant anyone who is or whom he, with reasonable cause, suspects to be guilty of the offence.

Where a member of the Garda Síochána, with reasonable cause, suspects that an offence to which this provision  applies has been committed, he may arrest without warrant anyone whom he, with reasonable cause, suspects to be guilty of the offence.

A member of the Garda Síochána may arrest without warrant anyone who is or whom he, with reasonable cause, suspects to be about to commit an offence to which this provision applies.  For the purpose of arresting a person under any power conferred by this section a member of the Garda Síochána may enter (if need be, by force) and search any place where that person is or where the member, with reasonable cause, suspects him to be.

This section shall apply to an attempt to commit an offence as it applies to the commission of that offence.  It shall not prejudice any power of arrest conferred by law apart from this section.

Search warrant

If a judge of the District Court is satisfied by information on oath of a member of the Garda Síochána that there is reasonable cause to believe that any person has in his custody or under his control or on his premises any thing and that it has been used, or is intended for use, without lawful excuse—

• to damage property belonging to another,
• to damage any property in a way likely to endanger the life of another or with intent to defraud,

the judge may issue a search warrant.

A search warrant issued  is expressed and operates to authorise a named member of the Garda Síochána, accompanied by such other members of the Garda Síochána as may be necessary, at any time or times within one month of the date of issue of the warrant, to enter if need be by force the premises named in the warrant, to search the premises and any persons found therein, to seize and detain anything which he believes to have been used or to be intended for use as aforesaid.

The Police (Property) Act, 1897, shall apply to property which has come into the possession of the Garda Síochána under this section as it applies to property which has come into the possession of the Garda Síochána in the circumstances mentioned in that Act.

A person who—

•  obstructs or impedes a member of the Garda Síochána acting under the authority of a search warrant issued under this section, or
• is found on or at the premises specified in the warrant by a member of the Garda Síochána acting as aforesaid and who fails or refuses to give the member ht is name and address when required by the member to do so or gives him a name or address that is false or misleading,

is guilty of an offence and is liable on summary conviction—

• in case of an offence under the first paragraph , to a fine not exceeding £1,000 or imprisonment not exceeding 12 months or both, and
• in the case of an offence under the second paragraph, to a fine not exceeding £500.