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Roe v Kingerlee [1986] Crim LR 735 Divisional Court of QBD

The appellant smeared mud over the wall of a police cell. It cost £7.00 to have it cleaned off. He was convicted of Criminal Damage by the Magistrates and appealed by way of case stated contending that no permanent damage had occurred and therefore no conviction for criminal damage could result.

Held:

His conviction was upheld. The smearing of mud did amount to damage for the purposes of the Criminal Damage Act 1971. What constitutes damage is a matter of fact and degree and it is a matter for the Justices applying their common sense to decide if what occurred did constitute damage.
 
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