- Published on
KembaraXtra-Case Law-Hardman v Chief Constable for Avon and Somerset (1986) CC
I. Core Principle:
I. Core Principle:
- Criminal Damage: Even easily removable markings can constitute criminal damage if they cause expense and inconvenience to rectify.
- Defendants: Members of CND (Campaign for Nuclear Disarmament).
- Action: Painted human silhouettes on a pavement.
- Paint: Water-soluble, designed to wash away with rain.
- Intervention: Local authority cleaned the pavement before rain could wash away the paint.
- Did the defendants' actions constitute "criminal damage" despite the paint being water-soluble?
- Yes. The court held that the actions constituted criminal damage.
- Expense & Inconvenience: The local authority incurred expense and inconvenience to clean the pavement, which was sufficient to establish criminal damage.
- Irrelevance of Washability: The fact that the markings could be easily washed away was not determinative. What mattered was the actual expense and inconvenience caused before this could happen.
- Definition of Damage: Damage is interpreted broadly to include temporary or easily reversible actions if they require intervention and incur costs.
- Focus on Impact: The case emphasizes the impact of the act on the property owner/authority (cost, effort) rather than solely on the permanence of the alteration.
0 Comments