Flood - tractor driver

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A 57-year-old was arrested on suspicion of criminal damage and dangerous driving and released on bail while inquiries continued, police said.
 
If he pleads not guilty, its going to a be a challenge to pin criminal damage and dangerous driving.
 
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I can see driving without due care.

I can't see how someone can argue damage to property that is damaged. What is the value of the damage? what is the work needed to fix the damage specifically caused. Was it reasonably foreseeable that his vehicle would cause such a wash?
 
I can see driving without due care.

I can't see how someone can argue damage to property that is damaged. What is the value of the damage? what is the work needed to fix the damage specifically caused. Was it reasonably foreseeable that his vehicle would cause such a wash?
Well he made something soggy soggier. The beak can surely decide the rest by the level of the fine.
 
Did he intend to? Or was it obvious that driving a tractor down the flooded street would cause additional damage.

Obviously he can't see what his wheels are going over, so there may have been bins, planters, etc. that were damaged.

For there to be criminal damage, the first requirement is damage to property. If the property is already damaged and the additional damage you do makes no change to the value of the repair/replacement etc. There is no damage.
 
Obviously he can't see what his wheels are going over, so there may have been bins, planters, etc. that were damaged.

There are lots of reasons to take it very carefully in deep water, he didn't take any care at all.

For there to be criminal damage, the first requirement is damage to property. If the property is already damaged and the additional damage you do makes no change to the value of the repair/replacement etc. There is no damage.

The wake certainly did extra damage, windows were smashed, and goods soaked with mud, that otherwise would have escaped damage.
 
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