Ends and means
Attorney general argues that protestors’ views are no defence to criminal damage
The Court of Appeal will consider today whether protestors in England and Wales have a defence to charges of criminal damage if they honestly believe that organisations whose property they deface or destroy would have given their consent.
That question will be considered by the lady chief justice Baroness Carr of Walton-on-the-Hill, sitting with Lord Justice William Davis and Mr Justice Garnham. They are considering the issues because the attorney general, Victoria Prentis KC MP, used her powers to refer a point of law to the court following an acquittal. She wants the Court of Appeal to give guidance for future cases.
Although Carr and her colleagues will look in detail at the facts of the case that Prentis has referred to the court, the acquittal will remain unaffected. For that reason, rules of court prevent the acquitted person from being identified unless that individual gives permission. We wait to see whether that happens today.
In the attorney’s written submissions, drafted by Tom Little KC, she argues that that protestors’ views on climate change provide no defence. I summarised these submissions four weeks ago in a column which you can read in the Law Society Gazette.
Update: judgment was reserved, as expected. No date was given but the court will aim to deliver a written ruling as soon as possible
Surely the case depends upon the meaning of "honest belief" in the context of criminal damages cases. It is surely impossible for any sane individual to be found in fact to have held the necessary belief (without adducing positive evidence to the effect that the owner of the property damaged would have consented to the action had they been asked at the relevant time)? The burden of proof must lie on the defendant. Therefore surely no defence in the absence of such evidence could be put to jury at least without a strong direction? The judgment when it comes will be very interesting
Sorry: I meant to type “condign “ but my iPad spellcheck got the better of me!