R v Smith (David)
1974 · QB 354
Posted By lanbuk.com
- Facts
- Smith installed wiring and floorboards in a flat he rented. When he left, he damaged them in removing them. In law they had become the landlord's . The damage was about £130. He believed they were his.
- Issue
- Is an honest belief that the property is one's own a defence to criminal damage?
- Held
- The Court of Appeal allowed the appeal. James LJ said there is no offence if the accused destroys property in the honest, though mistaken, belief that it is his. The belief need not be reasonable.
- Principle
- A claim of right is a belief. It is not a requirement that the belief is correct, or even justifiable.
- Why it matters
- It is Morgan applied to criminal damage, and it matches the claim of right in larceny.
Words and Latin in this note
- Fixture
- A chattel that has become part of the land, because of how firmly it is fixed and why. It passes with the land unless the contract says otherwise. Open the note.
Also on Lanbuk
- R v Smith (Stanley) in Lanbuk on the Law of Evidence
- R v Smith in Lanbuk on Criminal Law
- R v Smith in Lanbuk on Constitutional Law
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.