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treaclechops

378 posts

Re: Graffiti at WKLB.

Mar 31, 2005, 21:13

'Though - is it something anyone can class as criminal? Or preventable?'

This has raised an interesting discussion in our house. Kate says that to be classed as Criminal Damage, there would have to be a monetary value to putting the damage right, e.g. professional cleaning.

However, as it is unlikely the damage is permanent and would cost money to put right, this is probably not Criminal Damage. Also worth noting is that any defence solicitor worth their salt would point out that hordes of visitors brushing against the stones in the confined space would probably cause more damage than one person and a piece of chalk.

As everyone seems fairly affronted by the nature of the vandalism, IF you knew who the perpertrator was, Kate suggests you would probably be better to pursue them under Section 5 of the Public Order Act 1986, which states:-

"(1) A person is guilty of an offence if he -
(a) uses threatening, abusive, or insulting words or behaviour, or disorderly behaviour, or
(b) displays any writing, sign or other visible representation which is threatening, abusive or insulting,
within the hearing or sight of a person likely to be caused harrassment, alarm or distress thereby."

This applies because it was a swastika symbol, and the 'damage' is irrelevant.

But to be honest, too much agitation over this could possibly result in the site being closed to all comers . . . it was a stupid act, and shouldn't have been committed, but it would be sad if the minority caused the majority to be excluded. Those bloody tea-lights probably do more harm from smoke damage than any one person with a piece of chalk.

treaclechops & the Arresting Kate x

In reply to:
Re: Graffiti at WKLB. (nigelswift)

Replies:
Re: Graffiti at WKLB. (Hob)

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