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#cd #crime #law
In R v Baker & Wilkins [1997] Crim LR 497, a mother could not raise the CDA 1971, s 5(2)(b) defence to a charge of criminal damage to a door that she had kicked open in order to rescue her child from a perceived threat by her estranged husband. The court held that the child did not constitute 'property' for the purposes of the CDA 1971, s 5(2)(b). If it had been a pet dog or cat, then the case might have been different, as these are property. For example, letting a person's pet parrot out of its cage could be criminal damage or theft of the bird.
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