Ezeemo & Ors v R. [2012] EWCA Crim 2064 (16 October 2012)

Ezeemo & Ors v R. [2012] EWCA Crim 2064 (16 October 2012)

Electrical items discarded at civic amenity sites became waste; they remained waste unless objectively shown to be functional and non-waste. The offence under regulation 23 is strict liability; subjective intention of the holder is irrelevant. Export to Nigeria for repair or parts constitutes 'recovery'.

Citation
[2012] EWCA Crim 2064
Parties
Appellant: Godwin Chukwnaenya Ezeemo; Appellant: Reliance Export Limited; Appellant: BJ Electronics Limited; Appellant: Chika Ezeemo; Appellant: Joseph Benson; Appellant: Orient Export Limited; Appellant: Nnamdi Chinedu Ezechukwu; Respondent: R
Jurisdiction
England and Wales
Judgment Date
16 October 2012
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Export of Hazardous Waste, Strict Liability Offences, Definition of Waste, Transfrontier Shipment of Waste Regulations, European Waste Shipment Regulation
Criminal Law Environmental Law European Union Law Export of Hazardous Waste Strict Liability Offences Definition of Waste Transfrontier Shipment of Waste Regulations European Waste Shipment Regulation

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Parties

Godwin Chukwnaenya Ezeemo

Appellant

Reliance Export Limited

Appellant

BJ Electronics Limited

Appellant

Chika Ezeemo

Appellant

Joseph Benson

Appellant

Orient Export Limited

Appellant

Nnamdi Chinedu Ezechukwu

Appellant

R

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether electrical items exported to Nigeria constituted 'waste' under EU and UK regulations
  2. 2 Whether the offence under regulation 23 is strict liability
  3. 3 Whether the exported waste was 'destined for recovery'

Ratio Decidendi

Electrical items discarded at civic amenity sites became waste; they remained waste unless objectively shown to be functional and non-waste. The offence under regulation 23 is strict liability; subjective intention of the holder is irrelevant. Export to Nigeria for repair or parts constitutes 'recovery'.

Court Disposition

appeal dismissed

Orders

  • Convictions upheld
  • Sentences and fines affirmed