Threats

Section 2 of CDA 1971 governs the offence of threatening to carry out damage or destruction to another person’s property without a lawful excuse as per section 1 of the Act.

AR = Making a threat to another.

MR = Intention to cause fear that the damage or aggravated damage would be carried out.

In R v Cakmak [2002], the judges allowed an appeal to a conviction under s2(a) of the Act, on the basis that a threat must be viewed objectively. In this case, the judges highlighted three issues around whether the defendants’ actions were capable of constituting a threat in the way that it was perceived by the individual who received the threat.

As outlined in section 4 of the Act, this offence carries a maximum custodial sentence of up to 10 years.