Wadadli1 Posted November 1, 2007 #26 Share Posted November 1, 2007 By drawings you mean graffiti? Better known over here by the legal term "criminal damage"..... Matthew He drew with chalk on the subway platforms. Now that would be considered graffiti, but nothing was damaged. Link to comment Share on other sites More sharing options...
Kindlychap Posted November 1, 2007 #27 Share Posted November 1, 2007 He drew with chalk on the subway platforms. Now that would be considered graffiti, but nothing was damaged. Not over here. It would count as Criminal Damage. Amazing but true. Matthew Link to comment Share on other sites More sharing options...
Wadadli1 Posted November 1, 2007 #28 Share Posted November 1, 2007 Not over here. It would count as Criminal Damage. Amazing but true. Matthew You have no reason to lie to me so I have to believe you! Chalk?? Wow. Link to comment Share on other sites More sharing options...
Kindlychap Posted November 1, 2007 #29 Share Posted November 1, 2007 You have no reason to lie to me so I have to believe you! Chalk?? Wow. There was a political demonstration - anti nuclear I believe - where protesters drew shadows on the pavement. They were arrested for Criminal Damage. The Divisional Court ruled that if the damage is such as to require removal - even if it would wash off in the rain over time - then it was criminal damage. I do wonder if it had been some other set of facts if the Divisional Court might have gone the other way! More regularly it is charged when people smear faeces over police cells. No permanent damage, but a requirement to clean. Matthew Link to comment Share on other sites More sharing options...
Wadadli1 Posted November 2, 2007 #30 Share Posted November 2, 2007 There was a political demonstration - anti nuclear I believe - where protesters drew shadows on the pavement. They were arrested for Criminal Damage. The Divisional Court ruled that if the damage is such as to require removal - even if it would wash off in the rain over time - then it was criminal damage. I do wonder if it had been some other set of facts if the Divisional Court might have gone the other way! More regularly it is charged when people smear faeces over police cells. No permanent damage, but a requirement to clean. Matthew There is a lot to consider here. I still don't think chalk drawings qualify as Criminal Damage. It was considered art even in the subway in NYC. How does one "smear faeces over police cells"? That sounds troubling. Link to comment Share on other sites More sharing options...
Kindlychap Posted November 2, 2007 #31 Share Posted November 2, 2007 There is a lot to consider here. I still don't think chalk drawings qualify as Criminal Damage. It was considered art even in the subway in NYC. How does one "smear faeces over police cells"? That sounds troubling. It is an unquestionable fact that chalk drawings are capable of amounting to Criminal Damage in England and Wales. I'm not saying they should, merely that they are. Blame the Divisional Court - had it not been a political case I would not be surprised if had gone the other way. Remember that common sense and the law are not good friends! As for the faeces, I don't really want to think of the whys and wherefores. Suffice it to say it happens. I cannot think why people do it - but they do. It has to be said that a custody area in a police station has a smell all of its own. And it isn't pleasant. Matthew Link to comment Share on other sites More sharing options...
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