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 reason for having the articles did not fall within the definition of a lawful excuse and, therefore, no evidence to that effect could be called. A ground of appeal was that the judge erred.
Held: Whether or not an act was done or made in order to protect property belonging to another must be, on the true construction of the statute, an objective test and the judge had ruled correctly.
Citations:
(1988) Crim LR 682
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 30 April 2022; Ref: scu.222706
