Enfield LBC v Argos Ltd [2008] EWHC 2597 (Admin) – S 141A CJA 1988.
- underage sale of knives - all reasonable precautions and all due diligence.
1) whereas an appeal court may see a precaution, taken after an alleged offence, to be a reasonable precaution which could have been taken to avoid the commission of the offence, it does not necessarily mean that a trial court was wrong to have found that all reasonable precautions had been taken at the time of the offence.
2) need for reasonable precautions to avoid offence of selling extends to point of supply.
3) P need not counter any statutory defence in its opening or conduct of the case, but
- P cannot argue that precautions taken by D were not adequate if point not raised for D to answer at trial.
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Related case digests
- Gale v Dixon Stores Group Ltd (1993) 101 ITSA MR 20 - S 24 TDA.
- "new". - diligence - precaution taken after offence might reasonably have been taken before. - Amos v Melcon (Frozen Foods) Limited (1985) 149 JP 712 - S 24 TDA.
- due diligence. 1) onus of proof quite firmly on defendant. 2) when random sampling not adequate - need for enquiries of supplier.