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Damage may also be found to have occurred under the second test, which is where there has been impairment of the value or usefulness of the property (Cox v Riley). As the usefulness of the boards lies in the information on them and this has been obliterated by the wax crayon, one can say that damage has occurred...
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On the facts, it would seem that Dan damaged the boards intentionally.
By obliterating the safety information on the boards, Dan has created a risk of endangering life which would seem to be obvious to the reasonable man. If this is the case, Dan will have the mens rea for the s. 1 (2) offence, unless he falls within the Caldwell loophole, the existence of which was recognised obiter in Reid...
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