Case name & citation: A (A Juvenile) v R [1978] Crim LR 689 (Crown Court)
Jurisdiction: England and Wales
What happened in this case?
In A (A Juvenile) v R [1978] Crim LR 689, the defendant was charged with criminal damage after spitting on a police officer’s raincoat. The issue before the Crown Court was whether spitting on the coat could constitute criminal damage under the Criminal Damage Act 1971.
Judgment of the Court in A (A Juvenile) v R
The court held that the act of spitting on the garment could, in principle, cause damage. However, the judgment emphasized that the nature of the garment must be considered. The court reasoned that if spitting occurred on a delicate item, such as a satin wedding dress, any attempt to remove the spit could leave a mark or stain, rendering the item ‘imperfect’ or requiring professional cleaning. In such a case, criminal damage could be established.
In the present case, however, the raincoat was a service garment designed to withstand the elements. The court concluded that the spit could be easily wiped off with a damp cloth without leaving any trace or causing lasting damage.
Conclusion
Thus, the court held that the spitting in this case was too minor to constitute criminal damage, as defined under the Criminal Damage Act 1971.
References:
- https://www.hcourt.gov.au/assets/cases/08-Sydney/s141-2018/Grajewski_Res.pdf
- https://swarb.co.uk/a-a-juvenile-v-the-queen-1978/
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