On 01/11/2011 14:33, J B wrote:
>> news:82bc3637-1957-48c0...@n18g2000vbv.googlegroups.com...
>>>
>>>
>>> J B wrote:
>>>
>>>> Fortunately my car doesn't seem to have been damaged beyond having
>>>> eggs thrown at it, but I am concerned when the youths get bored they
>>>> may escalate into keying, breaking glass or slashing tyres. Is this
>>>> damage classified as criminal damage?
>>>
>>> Is egging criminal damage, I mean. Obviously keying, breaking glass or
>>> slashing tyres is.
>>
>> Yes, it is certainly criminal damage and yes, you should tell the police
>> especially if you are able to help identify the perpetrators.
>
> I filed a police report with Cambridgeshire Constabulary. Incident
> number CC-01112011-0xxx.
>
> The lady I spoke to said:
> 1) The police are not going to take further action
> 2) I should report any further incidents to them
> 3) The incident is being classed as an antisocial incident and not
> criminal damage
>
> I asked the operator if she was sure that a car being egged isn't
> criminal damage. She said that even if criminal damage had occurred,
> without CCTV, fingerprints or witnesses there are no further lines of
> inquiry and there was nothing they could do.
That is really irrelevant.
It is not a question of whether the offenders can be caught- it is a
question of whether or not a crime has occurred and is recordable under
National Crime Recording Standards.
The criteria applied is whether the victim perceives the matter as a
crime and that on the balance of probabilities, an offence has occurred
(as stated by the NCRS and Statutory Law)
The damage does not have to be permanent, and if cleaning costs were
involved, there will have been a loss which is measurable.
The police occasionally crime egging incidents, but they usually avoid
it wherever possible as it leaves an undetected crime on the books.
You could refer the police to the NCRS, advise them of how much it cost
to clean the vehicle,(even a minimal cost of cleaning materials if
necessary) and insist that they record the incident as criminal damage.
It depends on whether you think it is worth the effort or not
>
> What was shocking was that they said the smell of eggs isn't offensive
> and that there was no certainty that the car would smell of rotten
> eggs in a few days, so on this count no criminal damage was done
> either. I happen to find the smell of eggs extremely offensive and
> retch even at the smell of hard boiled ones.
It has been held that temporary damage could be classed as criminal
damage, so it is irrelevant whether or not the smell goes away.
--
Steve O