- Hardman v Chief Constable of Avon and Somerset Constabulary [1986] Crim LR 330
- Crown Court
What happened in the case?
In the case of Hardman v Chief Constable of Avon and Somerset Constabulary [1986] Crim LR 330, the defendants, who were members of the Campaign for Nuclear Disarmament (CND), participated in a protest by painting human silhouettes on a pavement using water-soluble paint. The paint was specifically designed so that it would wash off with rainwater after a few days, but before this could occur, the local council employed workers to clean the pavement, incurring costs in doing so.
The defendants were charged and convicted of criminal damage under the Criminal Damage Act 1971. They appealed on the basis that the paint was temporary and would have naturally worn away without the need for any remedial action, arguing that no permanent damage had been caused.
Legal Issue
The issue before the court was whether this temporary paint amounted to “criminal damage” under the Criminal Damage Act 1971.
Judgment in Hardman v Chief Constable of Avon and Somerset Constabulary
The court held that the act did indeed amount to criminal damage, despite the fact that the paint could be easily washed off. The reasoning was that the damage need not be permanent to constitute an offence under the Criminal Damage Act 1971. The key point was that the local authority had incurred expense and inconvenience in cleaning the pavement to restore it to its original condition. This expenditure of resources was sufficient to establish that criminal damage had occurred.
This case set a precedent that “damage” includes temporary harm, and even if it can be remedied easily, the incurring of costs to restore the property suffices for criminal damage.
References:
- https://e-lawresources.co.uk/Hardman-v-Chief-Constable-of-Avon.php
- http://ndl.ethernet.edu.et/bitstream/123456789/16376/1/126.pdf
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