The defendant appealed against his conviction for low flying contrary to the 1955 Act, saying that it had been treated wrongly as an offence of strict liability.
Held: Hooper LJ said: ‘Whilst it is always possible to adumbrate situations which would appear to be covered by a statutory provision and yet could have manifestly unjust results, one has to rely on the good sense of Prosecuting Authorities and the overall supervisory role of the courts to avoid such a situation developing. Likewise of course the penalty actually imposed in any particular case can reflect the actual degree of culpability involved in a particular case.’
Hooper LJ, Keith, Jones JJ
200505255C5, [2007] 1 WLR 1035, [2006] EWCA Crim 2380
Bailii
Air Force Act 1955
England and Wales
Cited by:
Approved – Ezeemo and Others v Regina CACD 16-Oct-2012
The defendants had been charged with offences relating to their intended transporting of waste materials to Nigeria. They appealed, complaining that the judge had directed that the offence under regulation 23 was an offence of strict liability.
Crime, Armed Forces
Updated: 02 November 2021; Ref: scu.464929