Denton, R. v [1981] EWCA Crim 4 (22 October 1981)
The conviction was quashed because the trial judge erred in law by holding that the owner's consent was not a lawful excuse due to the fraudulent purpose; under the Criminal Damage Act 1971, consent of the owner suffices for lawful excuse regardless of motive, and the appellant's belief in such consent was sufficient.
- Citation
- [1981] EWCA Crim 4
- Parties
- Appellant: John Thomas Denton; Respondent: Crown
- Jurisdiction
- England and Wales
- Judgment Date
- 22 October 1981
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction
- Outcome
- conviction quashed, appeal allowed
- Legal Topics
- Arson, Lawful Excuse, Criminal Damage Act 1971, Consent to Damage, Insurance Fraud
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
John Thomas Denton
Appellant
Crown
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Legal Issues
- 1 Whether consent of the property owner to arson for fraudulent purposes constitutes a lawful excuse under section 5(2) of the Criminal Damage Act 1971
- 2 Whether the trial judge erred in law by ruling that 'entitled' in section 5(2) requires general lawfulness beyond private title
Ratio Decidendi
The conviction was quashed because the trial judge erred in law by holding that the owner's consent was not a lawful excuse due to the fraudulent purpose; under the Criminal Damage Act 1971, consent of the owner suffices for lawful excuse regardless of motive, and the appellant's belief in such consent was sufficient.
Court Disposition
conviction quashed, appeal allowed
Orders
- Conviction on the second count quashed
- Prosecution costs to be paid out of central funds
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment