Drayton, R. v

Drayton, R. v

A charge describing damage by fire is sufficient to constitute a charge of arson under section 1(3) of the Criminal Damage Act 1971 in the Magistrates' Court context, even if the word 'arson' is not used, provided the nature of the offence is clear and the defendant is not misled.

Parties
Applicant: Alan Clark Drayton; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
19 July 2005
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
application for leave to appeal against sentence refused
Legal Topics
Arson, Criminal Damage, Charging Requirements, Sentencing
Criminal Law Arson Criminal Damage Charging Requirements Sentencing

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Parties

Alan Clark Drayton

Applicant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether omission of the word 'arson' from the charge invalidates the committal and conviction for arson under section 1(3) of the Criminal Damage Act 1971
  2. 2 Whether the charge as laid in the Magistrates' Court was valid and sufficient for the purposes of committal and sentencing

Ratio Decidendi

A charge describing damage by fire is sufficient to constitute a charge of arson under section 1(3) of the Criminal Damage Act 1971 in the Magistrates' Court context, even if the word 'arson' is not used, provided the nature of the offence is clear and the defendant is not misled.

Court Disposition

application for leave to appeal against sentence refused