You are not currently signed in - enter your email address and password into the boxes below, or create a new account.

Westminster City Council v Croyalgrange Ltd [1986] 1 WLR 674 - Sch 3 LGMPA 1982 – s 101 MCA.

- proof of knowledge – inference.
1) s 101 MCA puts onus of proof on D who relies on “any exception” in enactment “creating the offence”; it does not apply to exceptions to related prohibitions not creating an offence.
- any ambiguity in provision creating offence to be resolved in favour of D.
- cannot be strict liability where word “knowingly” creates element of offence.
2) case to answer where all ingredients of offence proved and D’s requisite knowledge can be inferred.
- for conviction, P must prove knowledge element beyond reasonable doubt.
- D’s knowledge proved upon evidence D deliberately shut eyes to obvious or, suspecting truth, refrained from inquiry.

undefined: unpaid

Related case digests

Legislation