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​KembaraXtra-Case Law- Morphitis v Salmon (1990)
​Case Citation:
  • Morphitis v Salmon (1990) 1 OBD
Key Facts:
  • Parties: S (defendant) and M (plaintiff)
  • Action: S erected a barrier (scaffold bar) across an access road.
  • Motivation for Barrier: Road used by both S and M.
  • M's Action: M dismantled the barrier to gain access.
  • Damage Incident: The scaffold bar was scratched during dismantling.
  • Charge: M was charged with criminal damage.
Legal Issue:
  • Did a "scratch" on a metal scaffolding bar constitute "criminal damage"?
Court's Holding:
  • No, a scratch on a metal scaffolding bar could not amount to criminal damage.
Reasoning/Principle Established:
  • The scratch did not impair the usefulness or value of the scaffold bar.
  • Implicit Principle: For damage to be "criminal damage," it must affect the utility or economic value of the property.
    • Mere superficial alteration without functional or financial detriment is insufficient.
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