Crime CLXXXVI-Criminal Damage XXVI

In Booth v Crown Prosecution Services (2006) the defendant had been drinking and smoking drugs, so he was fairly intoxicated at the time. The defendant saw some people across the road and for some reason or other ran across towards them failing to notice the traffic and as a result was about to be hit by an oncoming car. The defendant however managed to avoid the collision by jumping on to the bonnet of the car, but the windscreen of the car was shattered as a resulted of the defendant’s actions. The defendant was charged and convicted. The Caldwell test was applied i.e. the defendant would have been able to appreciate the risk had he given the matter some thought, or the risk would have been obvious to him if he’d thought about it. The defendant appealed.

The appeal was dismissed and the conviction was upheld. The damage was a result of the defendant’s recklessness and it could have been prevented or averted if he had given the matter some thought. The fact that the defendant was intoxicated did not help the defendant in anyway because self-intoxication is generally not a defense. In fact, it might even have acted against the defendant.

Copyright © 2018 by Dyarne Ward

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