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Alice H
Alice H, Solicitor/Partner
Category: UK Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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I have been charged with criminal damage - basically a

Customer Question

Hi - I have been charged with criminal damage - basically a neighbour hung out a wire from an air grate in his garage and left it hanging - the wire was bear and no explanation was given. The wall of the garage is the boundary and the wire hung over my access. I was concerned so I fed the wire carefully back. This repeated several times. I arrived home to find the wire hanging again tie in a loop with a sign saying LEAVE ALONE. The wire was tight on so if I cut through the tie I would probably have cut the wire as well so I cut through the cable with Insulated pliers. I was genuinely concerned for my and my families safety. Have I got a defence of Lawful Excuss
Submitted: 1 year ago.
Category: UK Law
Expert:  Alice H replied 1 year ago.

My name is ***** ***** I am happy to help you. Why didn't you ask the neighbour to remove the wire before touching it? Do you have a criminal record?

Expert:  Alice H replied 1 year ago.

You have to demonstrate that you have lawful authority or reasonable excuse. If you genuinely believed this wire was causing a danger to you or your family you may have a defence of reasonable excuse but the court will want to know why you didn't ask the neighbour for an explanation or removal of the wire before you cut it. Your failure could result in the court deciding that your actions were not reasonable.