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.
undefined: unpaid
Related case digests
- Tesco Supermarkets Ltd v Nattrass [1972] AC 153 - S 24 TDA.
- corporate diligence. 1) employee who not part of the directing mind of the company can be "another person". 2) onus of proving statutory defence lies on employer or principal. 3) need for principal to be able to identify whose "act or default" caused the offence. 4) due diligence by means of a system, with training and supervision, to prevent offences. 5) due diligence by employee insufficient if employer not also diligent. 6) proportionality - "reasonable" depends on gravity of offence and nature of business. 7) "due diligence in law is the converse of negligence" - obiter. - 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.