Odger's English Common Law

402 MALICIOUS INJURIES TO PROPERTY.
down any portion of the premises of which he is a tenant, 1
to damage trees, shrubs, fruit, vegetable produce or cultivated
plants, 2 to destroy any wall, fence, stile or gate, 3 to throw
down any turnpike gate or toll-bar, 4 to cut, break, throw
down or otherwise interfere with any telegraph wire or post, 5
to destroy or damage any public work of art, 6 or to kill or
maim any animal not included under the head of " cattle." 7
The Act also contains a general provision. To unlaw-
fully and maliciously commit " any damage, injury or
spoil," whatever the amount, to any real or personal property,
is a misdemeanour, punishable with two years' imprison-
ment with or without hard labour ; but if the offence is com-
mitted between the hours of 9 p.m. and 6 a.m., it is punishable
with five years' penal servitude. 8 At the same time, to
wilfully or maliciously commit any damage to any real or
personal property to an amount not exceeding £20 is an
offence punishable summarily by imprisonment or fine, and
the Court may also order reasonable compensation to be paid
by the accused to the person aggrieved. If the justices are
of opinion that the damage does not exceed £5, they should
deal with the case themselves. But the fact that they have
power to deal with the case summarily when the damage does
not exceed £20 will not prevent them from committing the
accused for trial at Quarter Sessions or Assizes, if they
think fit. 9
A somewhat strict construction has been put upon the word
"maliciously," which occurs in both these sections. The pro-
secution must prove an intention to injure property ;
such an
intention is sufficiently " malicious" to support the indictment.
i s. 13.
2 Ss. 22—24. But by ss. 20 and 21 it is a felony punishable with five years' penal
servitude, if injury be done to any tree, shrub, &c, which exceeds the sum of £5 or
when the thing injured grows in any private park, &c, the sum of £1.
s S. 25.
* S. 34.
5 Ss. 37, 38. But see 45 & 46 Vict. c. 56, s. 22, which makes it a felony, punishable
with five years' penal servitude, to cut or injure any electric line or work with
intent to cut off any supply of electricity.
« S. 39.
7 S. 41 ; and see the Acts dealing with cruelty to animals :
1 & 2 Geo. V. u. 27.
39 ts. 40 Vict. c. 77 and
s S. 51.
Criminal Justice Administration Act, 1914, s. 14.