Regina v. Smith

David Smith (defendant) and his brother, with their landlord's permission, installed wiring, roofing, wall panels, and floorboards in the flat they rented. When Smith later gave notice he was moving out and the landlord refused to let his brother stay, Smith removed the wiring and damaged the roofing, panels, and floorboards he had installed, honestly believing the materials were still his own property. Smith was charged with damaging property belonging to another; the trial judge instructed the jury that Smith's mistaken belief the property was his own was not a lawful excuse and that the jury was bound to convict, which it did.