Booth v Crown Prosecution Service [2006] EWHC 192 (Admin) (30 January 2006)

Booth v Crown Prosecution Service [2006] EWHC 192 (Admin) (30 January 2006)

The magistrates applied the correct subjective test for recklessness as required by R v G. They found as a fact that the appellant was aware of the risk of damage to property and deliberately disregarded it. The findings were open to them on the evidence, and the appeal is dismissed.

Source-derived case information.

Citation
[2006] EWHC 192 (Admin)
Parties
Claimant: Mark Booth; Defendant: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
30 January 2006
Procedural Posture
Appeal by Way of Case Stated / High Court (queen's Bench Division, Divisional Court)
Outcome
Appeal dismissed
Legal Topics
Criminal Damage, Recklessness, Appeal by Case Stated
Criminal Law Criminal Damage Recklessness Appeal by Case Stated

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Parties

Mark Booth

Claimant

Crown Prosecution Service

Defendant

Procedural Posture

Appeal by Way of Case Stated / High Court (queen's Bench Division, Divisional Court)

Legal Issues

  1. 1 Whether the magistrates applied the correct subjective test for recklessness under section 1 of the Criminal Damage Act 1971 as set out in R v G [2004] 1 AC 1034
  2. 2 Whether the appellant was subjectively aware of the risk of damage to property

Ratio Decidendi

The magistrates applied the correct subjective test for recklessness as required by R v G. They found as a fact that the appellant was aware of the risk of damage to property and deliberately disregarded it. The findings were open to them on the evidence, and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; conviction upheld