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#cd #crime #law
It has been confirmed that the mens rea extends to the whole of the actus reus. In R v Smith [1974] 1 ALL ER 632, the Court of Appeal held that it is insufficient that D does an act that damages property intentionally. What must also be proved is that he knew, or was reckless as to whether, the property belonged to another. Smith, who lived in rented accommodation with his brother, had installed electrical wiring to connect a stereo system. He had also, with his brother's help and the landlord's permission, put down floorboards, wall panels and roofing material. After two years, Smith decided to vacate the flat and asked permission for his brother to remain: the landlord declined. After this, Smith smashed the wall panels, floorboards and roofing material, doing so he said to gain access to the wiring that he had fitted, in order to remove it. He was found guilty.
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