The Defendant took some Valium belonging to his ex-girlfriend. He was upset by the breakdown of his relationship. She encouraged him to do this because she said that it would calm him down. He was charged under s 1(2) of the Criminal Damage Act 1971 after setting fire to their flat. The Defendant said that the drug prevented him having the mens rea for the offence. The Judge ruled against this. The Court of Appeal quashed the conviction.