Kenyon v Hart: QBD 3 Feb 1865

The defendant was accused of a trespass by being in the daytime upon certain land in the possession and occupation of Henry Tappenden, in search of game, without the licence or consent of the owner of the land or of any other person having the right to authorize him, and co, contrary to the statute. A pheasant had risen from the respondent’s land and been shot whilst over it but had fallen within the complainant’s land.
Held: Blackburn J said: ‘the object and spirit of this section we shall see that it was to prevent persons entering land in search or pursuit of game in the sense of living game. I cannot think ‘game’ in this section means game whether living or dead.’ The entry on the land was a trespass, but not a criminal trespass within the statute.


Blackburn J


[1865] EWHC QB J102, (1865) 122 ER 1188, (1865) 6 B and S 249




England and Wales


Updated: 06 July 2022; Ref: scu.263359