Sorry Banksy

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Discussion

Lotus Notes

1,200 posts

191 months

Thursday 2nd October 2014
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Rovinghawk

13,300 posts

158 months

Thursday 2nd October 2014
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dandarez said:
It's a bloody Swallow! (Hirundo Rustica)

While they are widespread, West and South African Swallows are non-migratory
Which one carries coconuts?

TTwiggy

11,537 posts

204 months

Thursday 2nd October 2014
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Impasse said:
So basically, he's like a very crap version of a teenage Ben Elton but with a tin of spray paint?
Have you never heard of him before? He's quite popular you know...

Martin4x4

6,506 posts

132 months

Thursday 2nd October 2014
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NoNeed said:
It's criminal damage no more no less.
By what definition? Where is the loss in utility, function or value?

A Banksy actually enhances the value.

RobGT81

5,229 posts

186 months

Thursday 2nd October 2014
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Martin4x4 said:
By what definition?
"Criminal Damage Act of 1971
gives us the following definition of criminal damage:

Section 1 (1) A person who without lawful excuse* destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.

  • In respect to graffiti we're talking here about ‘without permission’
If someone is caught applying graffiti without the permission of the owner of the canvas they can be arrested and charged under the Criminal Damage Act and if found guilty they can be fined or imprisoned or both."

Martin4x4

6,506 posts

132 months

Thursday 2nd October 2014
quotequote all
RobGT81 said:
Martin4x4 said:
By what definition?
"Criminal Damage Act of 1971
gives us the following definition of criminal damage:

Section 1 (1) A person who without lawful excuse* destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.

  • In respect to graffiti we're talking here about ‘without permission’
If someone is caught applying graffiti without the permission of the owner of the canvas they can be arrested and charged under the Criminal Damage Act and if found guilty they can be fined or imprisoned or both."
The same (rhetorical) question stands. Where is the damage? Where is the loss in utility, function or value? There is none. Therefore that definition fails at the first hurdle.


Edited by Martin4x4 on Thursday 2nd October 13:09

Impasse

15,099 posts

241 months

Thursday 2nd October 2014
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Martin4x4 said:
The same questions stands. Where is the damage? Where is the loss in utility, function or value? There is none. Therefore that definition fails at the first hurdle.
The damage is to the wall's original paint, in the same way it would be if you took tin of black spray paint to a white car. If it wasn't invited it shouldn't be there and the person who defaced it should be held liable to clean it.

FredClogs

14,041 posts

161 months

Thursday 2nd October 2014
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people will always try to destroy things they either don't understand or make them look a bit daft.

I'd say in this case it was a little bit of both.

Tonsko

6,299 posts

215 months

Thursday 2nd October 2014
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I love any sort of (good) graffitti. It makes an otherwise boring area interesting. Tagging is pointless.

As for "We would obviously welcome an appropriate Banksy original on any of our seafronts and would be delighted if he returned in the future."

tumbleweed

irocfan

40,433 posts

190 months

Thursday 2nd October 2014
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Martin4x4 said:
RobGT81 said:
Martin4x4 said:
By what definition?
"Criminal Damage Act of 1971
gives us the following definition of criminal damage:

Section 1 (1) A person who without lawful excuse* destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.

  • In respect to graffiti we're talking here about ‘without permission’
If someone is caught applying graffiti without the permission of the owner of the canvas they can be arrested and charged under the Criminal Damage Act and if found guilty they can be fined or imprisoned or both."
The same questions stands. Where is the damage? Where is the loss in utility, function or value? There is none. Therefore that definition fails at the first hurdle.
so this isn't criminal then?


Martin4x4

6,506 posts

132 months

Thursday 2nd October 2014
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Perhaps the pigeons are worried about their jobs


Tonsko

6,299 posts

215 months

Thursday 2nd October 2014
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See, I'd class that as tagging. ^^. Not cool.

is pretty spesh.

Martin4x4

6,506 posts

132 months

Thursday 2nd October 2014
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Impasse said:
Martin4x4 said:
The same questions stands. Where is the damage? Where is the loss in utility, function or value? There is none. Therefore that definition fails at the first hurdle.
The damage is to the wall's original paint, in the same way it would be if you took tin of black spray paint to a white car. If it wasn't invited it shouldn't be there and the person who defaced it should be held liable to clean it.
No, you are ignorning the definition of the word _damage_. Were is the the loss of utility, function or value? That is what you have to prove first.

aka_kerrly

12,418 posts

210 months

Thursday 2nd October 2014
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I find the vast majority of Banksy's work to be both entertaining and high quality for it's type and would happy to see more of his work around.

I'd go so far as saying I much prefer his approach to political messages than any of the current crop of UK politicians and their snakes in the PR departments.

Impasse

15,099 posts

241 months

Thursday 2nd October 2014
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Martin4x4 said:
No, you are ignorning the definition of the word _damage_. Were is the the loss of utility, function or value? That is what you have to prove first.
But your white car can still be used even if it has a knob painted on the bonnet in black spray paint, yet I think most sane people would agree the car has been damaged. If it has marked the wall then it has damaged the wall.

I don't know why some think this form of vandalism is acceptable just because it was supposedly done by (or on behalf of) an individual(s) who has/have reached notoriety in the newspapers. I'd be out there with the jetwash or paint roller the very next morning to rid my property of such childish unfunny representations of someone else's political views.

irocfan

40,433 posts

190 months

Thursday 2nd October 2014
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Martin4x4 said:
Impasse said:
Martin4x4 said:
The same questions stands. Where is the damage? Where is the loss in utility, function or value? There is none. Therefore that definition fails at the first hurdle.
The damage is to the wall's original paint, in the same way it would be if you took tin of black spray paint to a white car. If it wasn't invited it shouldn't be there and the person who defaced it should be held liable to clean it.
No, you are ignorning the definition of the word _damage_. Were is the the loss of utility, function or value? That is what you have to prove first.
and you haven't answered my question either...

FredClogs

14,041 posts

161 months

Thursday 2nd October 2014
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Impasse said:
I'd be out there with the jetwash or paint roller the very next morning to rid my property of such childish unfunny representations of someone else's political views.
You wouldn't. Proper Bansky's can be worth a lot of money.

Impasse

15,099 posts

241 months

Thursday 2nd October 2014
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FredClogs said:
You wouldn't. Proper Bansky's can be worth a lot of money.
Yes I would.

petemurphy

10,122 posts

183 months

Thursday 2nd October 2014
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if it was a banksy worth 400k why hadnt the council sold it to raise cash? or why hadnt anyone nicked it?

FredClogs

14,041 posts

161 months

Thursday 2nd October 2014
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petemurphy said:
if it was a banksy worth 400k why hadnt the council sold it to raise cash? or why hadnt anyone nicked it?
Because racism.

You can't put a price on shushing up the racist nature of UKIP supporters.