#cd #crime #law
In Blake v DPP [1982] 1 All ER 65, the defendant attempted to rely on the CDA 1971, s 5(2)(a) defence using a novel argument. During a demonstration protesting about the use of military force by the allies in Iraq and Kuwait, Blake, a vicar, used a marker pen to write a Biblical quotation on a concrete pillar at the Houses of Parliament. He appealed against his conviction for criminal damage, claiming, inter alia, that he was carrying out the instructions of God. He argued that he had lawful excuse under the CDA 1971, s 5(2)(a) in that he believed God to be the one entitled to consent to the damage. He also argued that the CDA 1971, s 5(2)(b) applied as he had damaged the property to protect the property of others (for the court's ruling on this issue, see below). The QBD dismissed his appeal, holding that a belief, however powerful, genuine and honestly-held, that God had given consent was not a lawful excuse under the domestic law of England.
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