First Principles of Business Law

6. Enforcement of property rights

6.3.1. Criminal offences involving property

When he arrives at his factory one morning, Albert sees a young man Daniel, who he knows works at a factory nearby, spraying political graffitti with paint on the wall at the front of Albert's building. When he sees Albert, Daniel runs away.

In the circumstances, which of the following statements is correct?

(a) Daniel has not actually taken anything from Albert, nor interfered with Albert's possession of his property, so no criminal acts have occurred and Albert will only a private action for any harm caused to his property.

(b) Daniel's actions are likely to constitute a breach of the criminal law and Albert is entitled, in these circumstances to make a report to the police in the hope that Daniel will be prosecuted and punished.