Morphitis v Salmon [1990] Crim LR 48
Morphitis v Salmon [1990] Crim LR 48 is a significant case in English criminal law, particularly concerning the interpretation of “criminal damage” under the Criminal Damage Act 1971.
Facts of the Case (Morphitis v Salmon)
In this case, the defendant was involved in a confrontation where he had removed a metal scaffold bar from a neighboring site. During this, the bar was scratched. The prosecution claimed this amounted to criminal damage.
Legal Issue
The primary issue before the court was whether causing a scratch or minor damage to property, in this case, the scaffold bar, amounted to “criminal damage” under the law.
Decision in Morphitis v Salmon
Auld J held that whether damage is caused is a question of fact and degree.
The Divisional Court ruled that not all physical alterations to property constitute criminal damage. The court held that superficial marks or scratches that do not impair the functionality or usefulness of the property do not amount to criminal damage. In the specific case of the scaffold bar, while it was scratched, the scratch did not affect the bar’s utility or value. Therefore, it was not considered criminal damage.
The Court was clear that dismantling the scaffolding (or any structure/barrier) could amount to criminal damage, as it would impair the usefulness of the barrier. The focus here was on the loss of function, which is a broader interpretation of damage—covering not just physical harm but also temporary or permanent impairment of value or utility. The Court held that the scratch itself was not criminal damage, but had the charge focused on the removal or dismantling of the barrier, a conviction could have been upheld. In other words, a stronger case could have been there had the defendant been charged with dismantling the barrier.
Legal Principle
The ruling established that for something to qualify as criminal damage, it must affect the usefulness, value, or normal function of the property, not just cause a superficial alteration or aesthetic harm.
References:
- https://www.studocu.com/en-gb/document/university-of-london/criminal-law/criminal-damage-detailed-summary-notes-giving-an-overview-of-the-case-law-and-relevant-statutory/14972334
- http://ndl.ethernet.edu.et/bitstream/123456789/16376/1/126.pdf
- https://www.judiciary.uk/wp-content/uploads/2022/09/AG-Ref-Colston-Four-judgment-280922.pdf
- http://ndl.ethernet.edu.et/bitstream/123456789/62181/1/Jonathan%20Herring.pdf
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