Index card Attorney General’s Reference (No 1 of 2023)

Attorney General’s Reference (No 1 of 2023)

Hearings

England & Wales

18 Mar 2024 [2024] EWCA Crim 243; [2024] 1 WLR 3205; [2024] 2 Cr App R 2; [2024] WLR(D) 130, CA (Lady Carr of Walton-on-the Hill CJ, William Davis LJ, Garnham J)

Subject Matter

CRIME — Criminal damage to property — Defence to charge — Lawful excuse — Defendant conspiring to cause damage to property during climate change protest — Defendant contending property owner would have consented to damage if they had known of “damage and its circumstances” — Trial judge declining to withdraw defence from jury — Whether merits of protest part of “circumstances” of damage — Whether defence should have been withdrawn from jury — Criminal Damage Act 1971 (c 48), ss 1(1), 5(2)(a)

[2024] EWCA Crim 243; [2024] 1 WLR 3205; [2024] 2 Cr App R 2; [2024] WLR(D) 130, CA

Commentary

Law & Religion UK
Criminal damage and conscience: AG’s Reference No.1 Case comment

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