The defendant had blocked up a badger set. He appealed against a finding that he had not used ‘loose soil’. He said that Parliament had not intended to be using the word ‘loose’ in a dictionary definition sense of the word.
Held: ‘Loose soil’, following the four other materials referred to in section 8(5) is properly to be construed ejusdem generis with them. The use of spit sized lumps of clay may not be loose. There was no statutory requirement or implication that they should not become compacted.
Citations:
Times 24-Apr-1998, [1998] EWHC Admin 399, [1998] EWHC Admin 398
Links:
Statutes:
Protection of Badgers Act 1992 3 8(5)
Jurisdiction:
England and Wales
Animals, Crime
Updated: 22 May 2022; Ref: scu.138520
