Crime CLXVII-Criminal Damage VII
The
actus reus or the physical element that the prosecution is required to
establish to successfully obtain a conviction for criminal damage as per the
Criminal Damage Act of 1971 is simply damaging or destroying property. Damage
as far as the act is concerned can be temporary and need not be permanent.
In
Roe v Kingerlee (1986) the defendant smeared some mud on the walls of a
police cell. The cost of cleaning the walls was nominal, but the defendant was
nonetheless tried and convicted for causing criminal damage. The defendant
appealed on the grounds that the damage was not permanent and therefore he
ought not to be found guilty of criminal damage.
The
conviction was upheld. The damage need not be permanent or long lasting and
what amounts to criminal damage or otherwise, for the purposes of the Criminal
Damage Act 1971 is for the courts to decide after taking into account all the
facts that are made available to them.
Copyright
© 2019 by Dyarne Ward
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