Crime CXXXI – Intoxication VII
If
the defendant makes a mistake with regards to damage to property that a normal
person who was not under the influence of drinks or drugs would have made, then
regardless of the fact that the defendant was intoxicated, the defense of
mistaken belief will be made available to the defendant as per s.5(2)(a) of the
Criminal Damage Act 1971.
The
section and subsection read as follows: -
s.5(2)
A person charged with an offence to which this section applies, shall, whether
or not he would be treated for the purposes of this Act as having a lawful
excuse apart from this subsection, be treated for those purposes as having a
lawful excuse—
(a)
If at the time of the act or acts alleged to constitute the offence he believed
that the person or persons whom he believed to be entitled to consent to the
destruction of or damage to the property in question had so consented, or would
have so consented to it if he or they had known of the destruction or damage
and its circumstances
In
Jaggard v Dickinson (1981) the appellant had been out drinking and she
came home without any money and was left stranded. She knocked on the door of
her friend’s house and there was no answer and believing that her friend would
have consented to her breaking into the house under the circumstances, she
broke in, when in actual fact the house did not belong to her friend and she’d
broken into the wrong house.
It
was held that parliament had expressly provided a defense under section 5(2)(a)
of the Criminal Damage Act (1971) to cover instances of honest and genuine
mistakes and the courts were bound to honor the intentions of parliament.
Copyright
© 2019 by Dyarne Ward
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