New Older Cases
On the Home page you will find the four "Latest Cases". These are the most recently added cases for the current year. CCC, however, is not only updated with the most recently decided cases but is also expanding as a result of worthwhile older authorities being included. You will find the last five most recently added older cases listed below.
Mercer v Pyramid Sand and Gravel Co (1945) 109 JP 54 – S 2(2)(c) MMA 1887.
1) proof that D had "otherwise … acted innocently", within s 2(2) MMA, required proof of no intention to do the forbidden act; to sell the goods bearing the trade description. - insufficient for D to prove no reason to suspect the genuineness of the trade description or no intention to infringe the statute. 2) cannot raise point of law on appeal not enunciated in case stated.
R v Stone [1998] Env LR 618 – Reg 6 FSLBMR - Council Directive 91/492/EEC.
- word "immediate" which prefixed "human consumption" in EEC Directive should not necessarily be inserted wherever "human consumption" appeared in the implementing UK Regulations.
R v Hayes [2018] EWCA Crim 682 – Ss 77 and 78 POCA.
- wide reach of tainted gifts provisions in POCA to require convicted criminals to disgorge proceeds of criminality and deter attempts to render confiscation orders ineffectual by giving away assets.
- judicial guidance on general approach Crown Courts should take in applying tainted gifts regime.
- where consideration said to have been provided by recipient of gift other than as direct financial contribution, e.g. by way of "services", court must rigorously examine evidence to see to what extent asserted consideration capable of being assessed as consideration of value in monetary terms.
Sandeman v Gold [1924] 1 KB 107 – Ss 2 and 3 MMA 1887.
- wine described as "port" must come from Portugal. - prefixing the word "Port" with "Terragona" on a bottle of Spanish wine did not cure the falsity of the description "port".
Roblyn v DPP [2021] EWHC 3055 (Admin) - S 241(1)(c) TULRCA – ss 1 and 5 WCA.
- no lawful right to fell tree where it might result in wildlife offences even if to be carried out as part of lawful (HS2) construction project.