The defendant was a producer of controlled waste. It had left waste out for collection. The prosecutor appealed the acquittal of the defendant for failing to prevent escape of such waste.
Held: The appeal failed. The prosecutor had to show that there had been a failure to take reasonable care to avoid the escape. A simple assertion that there had been an escape was not enough, and indeed the failure to take care might be established without an escape having taken place.
Citations:
Times 15-Aug-2006, [2006] EWHC (Admin) 1615
Links:
Statutes:
Environmental Protection Act 1990 34(1)(b)
Jurisdiction:
England and Wales
Citing:
Cited – Gateway Professional Services (Management) Ltd v Kingston Upon Hull City Council Admn 8-Mar-2004
An employee of the appellant had deposited a number of black bags containing commercial office waste on the land adjoining the appellant’s own premises. The prosecutor said that the deposit of the bags of waste in those circumstances amounted to an . .
Lists of cited by and citing cases may be incomplete.
Environment, Crime
Updated: 03 November 2022; Ref: scu.242957
