Kelleher, Regina v: CACD 20 Nov 2003

The defendant, out of strong conviction, entered an art gallery and knocked the head from a statue of Margaret Thatcher.
Held: The court examined the breadth of the defence of ‘lawful excuse’ to a charge of criminal damage, and whether a court could direct a jury to convict. Despite the possible defects in the direction, the conviction remained safe.


Lord Justice Mantell, Mr Justice Elias, Mr Justice Jack


[2003] EWCA Crim 3525




Criminal Damage Act 11971


CitedRegina v Hunt CACD 1978
The defendant had been charged with setting fire to a guest room in an old people’s home. He claimed that he had done so to draw attention to a defective fire alarm system. He sought to set up a statutory defence under section 5(2) by claiming to . .
CitedRex v Heyes KBD 1951
For so long as a defendant remains in the charge of the jury he or she can only be acquitted or convicted by the verdict of the jury. . .
CitedDirector of Public Prosecutions v Stonehouse HL 1977
The defendant had been charged with attempting to obtain property by deception by fabricating his death by drowning in the sea off Miami in Florida. The final act alleged to constitute the offence occurred outside the jurisdiction of the English . .
CitedRegina v Hill and Hall CACD 1989
The defendants were separately tried for possession of an article with intent to damage property contrary to section 3. In each case the article in question was a hacksaw blade and it was the prosecution case that each of the applicants intended to . .
CitedRegina v Ashford and Smith CACD 1988
The defendants tried to cut the wire fence around an American Air Force base to demonstrate their opposition to nuclear weapons. They were charged with possession of an article with intent to damage property. The judge ruled that the purported . .
CitedRegina v Hickey, Hickey, Robinson, Molloy CACD 30-Jul-1997
The case concerned the production for the benefit of the defence, of the prison records of a prosecution witness who was putting forward an account of a cell confession. The Appeal Court is not concerned with the guilt or innocence of the appellant, . .
CitedRegina v Davis, Rowe, Johnson CACD 17-Jul-2000
The court made a distinction between convictions found on appeal to be unfair, and those found to be unsafe. The prosecution had not disclosed to the defendants that the source of their information was a police informer. The European Court of Human . .
CitedStirland v Director of Public Prosecutions HL 1944
The House considered what was the appropriate test for allowing a conviction to stand despite the finding of an irregularity in the trial.
Held: The House must be satisfied that there was ‘a situation a reasonable jury, after being properly . .

Cited by:

CitedWang, Regina v HL 10-Feb-2005
The appellant was waiting for a train when his bag was stolen. After a search, the thief tried to deter the appellant from calling the police by suggesting that the bag contained items the appellant should not be carrying. From the bag the appellant . .
Lists of cited by and citing cases may be incomplete.


Updated: 08 June 2022; Ref: scu.188495