# 3.2) Criminal damage - lawful excuse

Will a defendant have committed criminal damage if they have a lawful excuse?
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Terms in this set (31)
(2) 'A person charged with an offence to which this section applies, shall, whether or not he would be treated for the purposes of this Act as having a lawful excuse apart from this subsection, be treated for those purposes as having a lawful excuse -
a) if at the time of the act or acts alleged to constitute the offence he believed that the person or persons whom he believed to be entitled to consent to the destruction of or damage to the property in question had so consented, or would have so consented to it if he or they had known of the destruction or damage and its circumstances; or
(3) For the purposes of this section it is immaterial whether a belief is justified or not if it is honestly held.'