Regina v Cakmak; Regina v Cavcav; Regina v Talay; Regina v Can etc: CACD 8 Feb 2002

The applicants each took part in an occupation of pods on the London Eye. They appealed convictions for threatening criminal damage, alleging the judge had misdirected the jury on the necessary ingredients of the offence.
Held: Section 2, as opposed to section 1, did not refer to recklessness, requiring under either sub-section, the threat that damage would be caused, but differing again according to the ownership of the property threatened. The sections required clear explanation for the jury, and that had not been given here, and the appeals were allowed.

Judges:

Lord Justice Kennedy, Mr Justice Aikens and Mr Justice Pitchford

Citations:

Times 28-Mar-2002

Statutes:

Criminal Damage Act 1971 2(a)

Jurisdiction:

England and Wales

Crime

Updated: 28 April 2022; Ref: scu.168068