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
