Foster v Crown Prosecution Service

Foster v Crown Prosecution Service

The magistrates misapplied the test for recklessness by convicting the appellant on the basis of what he should have been aware of, rather than actual subjective awareness of risk, thereby applying the discredited test of inadvertent recklessness. There was no evidence that Mr Foster was subjectively aware of a risk that the badger sett was active at the material time.

Parties
Appellant: Foster; Respondent: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
07 June 2013
Procedural Posture
Criminal Appeal (case Stated) / High Court Judgment
Outcome
Appeal allowed; conviction quashed; verdict of not guilty substituted; order for defence costs made.
Legal Topics
Recklessness, Expert Evidence, Protection of Badgers Act, Appeal by Case Stated
Criminal Law Wildlife Law Recklessness Expert Evidence Protection of Badgers Act Appeal by Case Stated

Case Brief

Summary, issues, holding and outcome

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Parties

Foster

Appellant

Crown Prosecution Service

Respondent

Procedural Posture

Criminal Appeal (case Stated) / High Court Judgment

Legal Issues

  1. 1 Whether the magistrates erred in law in admitting the expert evidence of Mrs Thorpe
  2. 2 Whether the magistrates erred in law in finding that Mr Foster recklessly destroyed a badger sett
  3. 3 Whether there was evidence on which the court could come to its conclusion

Ratio Decidendi

The magistrates misapplied the test for recklessness by convicting the appellant on the basis of what he should have been aware of, rather than actual subjective awareness of risk, thereby applying the discredited test of inadvertent recklessness. There was no evidence that Mr Foster was subjectively aware of a risk that the badger sett was active at the material time.

Court Disposition

Appeal allowed; conviction quashed; verdict of not guilty substituted; order for defence costs made.

Orders

  • Conviction quashed
  • Verdict of not guilty substituted for Mr Foster