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RSPCA v Johnson [2009] EWHC 2702 (Admin) – S 127(1) MCA – s 31(1) AWA.

1) s 31 AWA certificate can be signed by individual on behalf of a corporation.
- use of word “possession” in a s 31 certificate rather than “knowledge” is not a defect.
2) certificate as to date of prosecutor’s knowledge conclusive unless abuse of process.
- delay resulting from P making careful enquiries is not an abuse of process.
3) no principle of law that time begins to run when P’s employee has knowledge.
- knowledge involves consideration by expert mind whether sufficient evidence to prosecute.
4) considerable burden on D to show abuse of process.
- burden on D not discharged solely because P gave wrong date in certificate.

undefined: unpaid

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