Criminal Nuisance: Getting Back to Basics

This article considers the offence of criminal nuisance. It argues that nuisance is an endangerment offence and that understanding this assists with resolving questions about its scope, including the mental element of the offence, whether it applies where there is a breach of a common law duty, and whether consent to risk-taking is a defence. The article also suggests some reforms to the offence, including a higher penalty where harm has occurred, clarification of mental element so that it is clearly one of recklessness, and restriction of the offence to breaches of statutory duties. Finally, the article suggests consideration should be given to finding more suitable charges in cases of endangerment resulting in death or serious harm.