CRM/LAW C144 Chapter Notes - Chapter 5: Blood Alcohol Content, Change Clothes, Blood Test
8 Mar 2016
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The defendant in prepping to leave his rented apartment damaged some wall panels in order to retrieve radio wiring he had installed earlier with the permission of the landlord. Charged with violating the criminal damage act: a person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property should be guilty of an offense. He was the one install those panels himself. He was convicted: belief that the defendant had the right to do what he did is not a lawful excuse, in law he had not right to do so (according to the act) Appeal: the mental element in the offence relates only to causing damage or to destroying property. The defendant did not intend or foresee to damage someone else"s property. A pilot for american airlines was convicted of willfully failing to file federal income tax returns for a number of years.
