Att. Gen. v Dwyer [1987] JLR_Note 9b (28 September 1987)

'Malicious' in the context of malicious damage means that the accused must have intended to cause the damage or have been reckless as to whether such damage would occur.

Parties: Applicant: Attorney General; Respondent: Dwyer
Jurisdiction: Jersey
Judgment Date: 28 September 1987
Procedural Posture: Criminal / Judgment
Outcome: judgment delivered
Legal Topics: Malicious Damage, Interpretation of 'malicious'

Criminal Law Malicious Damage Interpretation of 'malicious'

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Parties

Attorney General

Applicant

Dwyer

Respondent

Procedural Posture

Criminal / Judgment

Legal Issues

1 What is the meaning of 'malicious' in the context of malicious damage?

Ratio Decidendi

'Malicious' in the context of malicious damage means that the accused must have intended to cause the damage or have been reckless as to whether such damage would occur.

Court Disposition

judgment delivered