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- Title
Criminal Damage: The 'Colston Four', Proportionality and the Concerns that Linger: Attorney General's Reference (No. 1 of 2022) [2022] EWCA Crim 1259.
- Authors
Benn, Alex
- Abstract
Keywords: Criminal damage; protest; human rights; discrimination EN Criminal damage protest human rights discrimination 61 64 4 02/21/23 20230201 NES 230201 Facts In Bristol, there had been a statue of Edward Colston. The prosecution not having invited the judge to withdraw that issue from the jury's consideration, the judge left it to the jury and gave directions. On the second and third questions, a judge could not direct a jury to convict, but a judge could withdraw an issue from the jury if no reasonable jury - properly directed - could convict (at [118]). Are judges in the Crown Court (or tribunals in magistrates' courts) required to consider transience in distinguishing between "minor" and "significant" damage?.
- Subjects
ATTORNEYS general; PUBLIC demonstrations; CRIMINAL procedure; BLACK Lives Matter movement; PROTEST movements; EUROPEAN Convention on Human Rights; LEGAL reasoning
- Publication
Journal of Criminal Law, 2023, Vol 87, Issue 1, p61
- ISSN
0022-0183
- Publication type
Article
- DOI
10.1177/00220183221148562