s5(2) Criminal Damage Act 1971: "D will have a defence in 2 situations:
- s5(2)(a) - if D believes the owner would have consented to the damage if they had known the facts
- s5(2)(b) - where D damages/destroys property to protect his own.
BUT a) the property must be in need of immediate protection
b) D acted reasonably
s5(3): "it is immaterial whether D's belief is justified as long as it is honestly held."
Jaggard v Dickinson - D broke into a house mistakenly believing it was her friends, whilst she was drunk. D claimed her friend would have consented. Held: defence of lawful excuse allowed.
Aggravated Criminal Damage - s1(2)
s1(2): "where D damages or destroys property belonging to himself or another, intentionally or recklessly AND as a result intentionally or recklessly endangering life."
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