A woman is visiting her elderly uncle. On the train journey down, she has a few glasses of wine and is quite intoxicated when she arrives. The woman rings the doorbell and knocks on the door loudly but there is no answer. She is concerned that her uncle may have had an accident or be unwell and unable to reach the door, so she breaks a window to get in. It turns out that the woman had made a mistake and was knocking at the wrong house and has in fact broken the window of her uncle's next-door neighbour.Is the woman guilty of criminal damage to the window?
选项:
A:She is guilty because she has no lawful excuse for damaging the property as she was mistaken.
B:She is guilty because, although she may have had a lawful excuse, her mistake was born of voluntary intoxication which negates the defence.
C:She is not guilty because she did not intend to damage the neighbour's window and therefore her mistake negates the mens rea.
D:She will be guilty because the belief that she would have the consent of the owner to damage the property was not reasonable.
E:She will not be guilty because she held the honest belief that she would have the consent of the owner to damage the property.
发布时间:2024-03-30 13:31:10