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Drake v DPP [1994]

Facts

  • Drake was intoxicated and attempted to remove a wheel clamp from his car with a hammer. He was arrested.
  • He was charged with being in charge of a vehicle while intoxicated
  • Damage to a car is to be disregarded under the offence

Issue

  • Did the clamp constitute damage to the car?

Decision

  • No, but conviction upheld on a different ground (intent to drive if the clamp has been removed)

Reasoning

  • A wheel clamp cannot sensibly be said to constitute criminal damage to a car
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