[2009] EWCA Crim 217

A conviction under the Environmental Protection Act 1990 s.34(1)(b) and s.34(6) was unsafe where the charge was the second of two counts in an indictment and had been based on facts resulting from the rejection of the prosecution's main count. There was a danger that in calling evidence to defeat the first count, a case could have been created for the prosecution on the second count.

CA (Crim Div) (Pill LJ, Maddison J, Hamblen J)

20/02/2009