Morphitis v Salmon- the type, purpose and integrity of the pole had not been affected. Didn't affect the value.
Property- S10(1)- personal/real property, money, tamed animals and carcasses.
Belonging to another- S10(2)- Having custody/control, having a proprietary right or interest, having a charge on it. For the basic offence, a person cannot be guilty if the property they damage is their own.
Without lawful excuse- S5(2)- Lawful excuses- S5(2)(a)- D believes the owner would have consented.
Denton- D believed the owner wanted him to damage the mill. S5(3)- D is still able to rely on this defence even if the reason D thought V consented is because D was intoxicated.
Jaggard v Dickinson- D's actual belief that is important, if it's because he is drunk/stupid/forgets, it is still his belief.
Comments
No comments have yet been made