... Criminal Damage Act 1971, "intentionally or recklessly damaging property belonging to another."G has the actus reus, damaging property belonging to another. The mens rea is intention or recklessness. This would be defined as an example of Caldwell1 recklessness, " the conscious or unconscious taking of an obvious risk." Although proven, it is likely that the prosecution would be more interested in any serious crimes.By lacing H's drink, G may have committed either s23 or s24 of the Offences Against the Person Act (1861). Both offences have a similar actus reus,2 "...unlawfully and maliciously...administer to or cause to be administered to or taken by any other person any poison or other destructive or noxious thing..." For s23, the actus reus also includes, "...so as thereby to endanger the life of such a person, or so as thereby to inflict upon such person any grievous bodily harm..." The words "administer," "poison" and ...

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