15. The judge dealt with this defence last in his route to verdict. The jury would onlyconsider it if they had rejected the defence case on other issues. The final question was:“Are you sure that convicting [the defendants] of criminaldamage would be a proportionate interference with their rightsto freedom of thought and conscience, and to freedom ofexpression?”If the answer were “yes” the verdict would be guilty, otherwise, not guilty. In effect,the requirement for a conviction to be proportionate was treated as an additional,separate ingredient of the offence which the prosecution had to prove. The strictanalysis was that the prosecution had to prove that the Convention did not provide a“lawful excuse” within the terms of the Criminal Damage Act.