Law Weblog

Defences to Criminal Damage

Paul Milling, 60, and Margaret Jones, 57, will face a new trial next year for criminal damage after a jury at Bristol Crown Court failed to reach a verdict. Milling and Jones argued they were justified in disabling trailers used to transport bombs for US B-52 bombers and fuel tankers in order to prevent war crimes in Iraq. The pair also put forward the statutory defence of reasonable excuse (Criminal Damage Act 1971) and “necessity” or duress of circumstances because they claimed to have been preventing a greater evil. Originally they put forward the defence that they were acting to prevent war crimes by attempting to prevent US B-52 bombers from taking off to launch the first air raids on Baghdad. However, the House of Lords said that waging an unlawful war is not a crime in domestic law. So they argued that their action was aimed at preventing individual war crimes in Iraq such as damage to non military property.
News report here