damage

[ickleseamus]

i accidently broke a glass door panel i pulled the door to hard and it hit of my leg causing it to break they say that i done it on purpose but the cctv doesn`t show one way or the other i have been charged with this and have to go to court if i get a criminal record i will lose my job

[another-view]

and your question is?

[chelle7272]

Sorry is this a question?
Whose door was it and where? Why did they say you did it on purpose? What exactly have you been charged with - criminal damage?

[ummmm]

Did this happen at your place of work?

[ickleseamus]

if i plead guilty to criminal damage will i get a record and the door belonged to a local shop we had argued and i was leaving

[ummmm]

Yes it will stay on your record.

What has that got to do with losing your job though?

[ickleseamus]

a lot of the work we do you need security clearance and the company i work for don`t have people with criminal records on payroll part of our contract

[chelle7272]

Couldn't you settle up with them without it going to court?

[ummmm]

Don't plead guilty then. You said it was an accident. If it doesn't show on CCTV how can they prove it?

[ickleseamus]

i was told by the police that interviewed me that it doesn`t matter wether or not i meant it i still broke it therfore i am guilty

[another-view]

Indeed. The door was intact before your actions, whether you did it on purpose is irrelevant.

[chelle7272]

Could you offer to settle with the shop - pay for the damage to avoid it going to court? I know it might not seem fair but if it means your job it might be worth considering

[ummmm]

Surely that's 'accidental damage' and not 'criminal damage'

[ickleseamus]

i offered to pay for repair and they weren`t interested i think it ridiculous that i can be taken to court over something like this i am 39 years old and have never had a parking ticket never mind anything else

[fredpuli47]

The police misled you if they said that you broke it therefore you're guilty. There's more for the prosecution to prove than that! The offence is that you broke it intending to damage it OR being reckless as to whether it would be damaged.To be reckless (as meant here, under the Crimial Damage Act) is to be aware that a risk of damage exists and nonetheless unreasonably take that risk. Pulling a door hard, if the risk of damage was not apparent to you, you were not reckless.Likewise, even if you saw some risk of damage but it was normal or necessary for someone to pull it hard then you were acting reasonably in taking the risk, so that's not reckless either. For example, if the door was stuck you'd quite possibly see a risk of damage in pulling on it to get out but the law doesn't expect you to be kept inside the building yelling for help !It would say it's reasonable to pull it as hard as is necessary to escape.

It could be said that by offering to pay you were admitting guilt but that argument doesn't hold up. Insurance companies pay out on pure accident without anyone being criminally or civilly at fault ! You might, if you were a lawyer, offer to pay 'without admission of liability' .Anyone might quite reasonably offer to settle to avoid the expense and trouble of litigation or any other inconvenience.

[Davethedog]

You should write to the company in a without predjudice letter, stating that you are willing to pay for the damage, but stating that you do not in anyway admit liability and that this is a matter of good will and copy the police.

Have the Police charged you? Was it criminal damage? If they have no proof they cannot proceed but how did the door break.