Criminal damage cases

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A (A Juvenile) v R [1978] Crim LR 689

Facts: The defendant spat on a policeman's rain coat. The spittle could be easily wiped off and left no permanent damage.

Held: It was held that this did not constitute unlawful damage to property. It would have been different if the material was different and left a stain or required dry cleaning.

R v Hill and Hall (1989) 89 Cr App R 74

Facts: The defendants were in possession of a hacksaw blade with intent to damage property. Their intention was to cut the fence of a US naval base in England. They were part of a CND campaign (Campaign for Nuclear Disarmament), so had an honest belief that the damage was justified to protect other property. In the event of war, the base would be the subject of nuclear attack and damage would occur to the surrounding area, including their own property.

Held: The defendants' acts would be too remote from the eventual harm they were protecting the property from.

R v Sangha [1988] 2 All ER 385

Facts: The appellant set fire to a mattress in a block of flats. The flat was empty at the time and the flats were constructed in such a way as to prevent the spread of fire to neighbouring flats. He was convicted of aggravated criminal damage under s.1(2) Criminal Damage Act 1971 and appealed contending that no life was in fact endangered.

Held: His conviction was upheld at the Court of Appeal. There was no requirement that life should in fact be endangered under s.1(2). The test to be applied was whether an ordinary prudent bystander would, at the time when the fire was started, have perceived an obvious risk that property would be damaged and that life would thereby be endangered. The fact that there may have been special features which prevented the risk from materialising was irrelevant.

R v Steer [1988] 1 AC 111

Facts: The appellant had an argument with a former business partner and went round to his house armed with a gun. He rang the door bell and then fired shots through the windows and doors. He was convicted of aggravated criminal damage under s.1(2) Criminal Damage Act 1971.

Held: His conviction under s.1(2) was quashed as the danger to life came from the gun and not the damage to the property.

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