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dignetydan


dignetydan

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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

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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.

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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

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