Bilon v WH Smith Trading Limited (2001) 165 JP 701 - Ss 9 and 14A VRA.
- due diligence the converse of negligence.
- when precautions are not reasonable ones to take.
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Related case digests
- Croydon (LB of) v Pinch A Pound UK Limited [2010] EWHC 3283 (Admin) – S 141A CJA 1988.
- underage sales – sale of knife – statutory defence – meaning of “due diligence”. 1) statutory defence of taking “all reasonable precautions” and exercising “all due diligence” is cumulative. - inappropriate to import mental element into “due diligence” defence or to put a gloss on those words. - defence not made out simply by showing lack of negligence and absence of “reprehensible state of mind” or absence of positive fault. 2) implementation of an additional reasonable precaution after the commission of the offence does not, of itself, prevent the statutory defence being made out. - but, magistrates’ decision perverse when inconsistent with their findings of fact.