Latif v Middlesbrough Council [1997] COD 486 – S 46 LGMPA 1976.
- inferred knowledge.
1) “knowingly” to be given its literal meaning.
- D could not “knowingly” employ unlicensed driver when he did not know the driver was unlicensed.
2) prima facie case of knowledge based on inference rebutted if D’s evidence satisfies court he had no knowledge.
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Related case digests
- 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.