Regina v O’Brien; Regina v Enkel: CACD 19 Apr 2000

A sentence of imprisonment was unnecessarily severe for a first offence of dumping tyres. The case did not involve any hazardous substances, and the offences were at the lower end of the scale, despite the results being unsightly, the risk (at worst) of rats and fire, the absence of any long term effect, the absence of danger, the expectation of being able to redistribute the tyres properly, no previous similar convictions, their (late) guilty pleas, and the fact that they were only part of the operation.

Citations:

Times 19-Apr-2000

Statutes:

Environmental Protection Act 1990 33(1)(a)

Jurisdiction:

England and Wales

Criminal Sentencing, Environment

Updated: 05 May 2022; Ref: scu.85436