Case name & citation: R v Fiak [2005] EWCA Crim 2381
- Court: Court of Appeal (Criminal Division)
- Judgment Date: 11 October 2005
What is the case about?
The case of R v Fiak [2005] EWCA Crim 2381 concerns an appeal by Engin Fiak against his conviction for two offenses: criminal damage to a police blanket and cell, and assault of a police officer, PC Alison Smith, with intent to avoid lawful detention.
Facts of the case (R v Fiak)
The incident occurred when police officers found Fiak intoxicated in his car. When approached by police, Fiak attempted to return to his home, insisting he had committed no offense. A struggle ensued when officers tried to detain him. Eventually, he was arrested for being in charge of a vehicle while under the influence of drink or drugs and for assaulting PC Smith during the struggle.
While in custody, Fiak flooded his cell by placing a blanket down the toilet and flushing it repeatedly. He was accused for causing criminal damage to the blanket and the cell.
Arguments and Court’s Judgment
Fiak argued that the arrest was unlawful as the officers did not explicitly use the word “arrest” before restraining him. However, the court ruled that the restraint was lawful, as the officers had reasonable grounds to suspect an offense, and the formal use of the word “arrest” was not necessary for detention.
Regarding the charge of criminal damage, it was argued that the blanket was not visibly soiled and that the water causing the flooding was clean. However, the court determined that the actions of Fiak rendered the blanket unusable (until it was cleaned and dry) and necessitated cleaning of the cells, constituting criminal damage.
Sir Igor Judge referred to the precedent set in Morphitis v Salmon [1990], which articulated that damage can include situations where the utility of an item is temporarily impaired. In this case, the police cell could not be utilized until it was dried out. The blanket and the police cell had been damaged under the relevant legal provisions.
Hence, the appeal was dismissed, and the convictions were affirmed.
References:
- https://www.bailii.org/ew/cases/EWCA/Crim/2005/2381.html
- https://www.e-lawresources.co.uk/R-v-Fiak.php
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