Mustafa v The Environment Agency

Mustafa v The Environment Agency

A facility ceases to be an 'exempt facility' immediately upon breach of any of the three requirements in paragraph 3(1) of Schedule 2 to the 2010 Regulations, regardless of registration status. The trial judge correctly directed the jury on this point. The absence of a good character direction for Mustafa was a...

Source-derived case information.

Parties
Appellant: Mehemet Mustafa; Applicant: Finbar Breslin; Respondent: The Environment Agency
Jurisdiction
England and Wales
Judgment Date
06 May 2020
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed; application refused
Legal Topics
Environmental Permitting, Waste Management, Corporate Criminal Liability, Good Character Direction, Legal Certainty
Environmental Law Criminal Law Environmental Permitting Waste Management Corporate Criminal Liability Good Character Direction Legal Certainty

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Parties

Mehemet Mustafa

Appellant

Finbar Breslin

Applicant

The Environment Agency

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the operation of the company was an 'exempt facility' under the Environmental Permitting (England and Wales) Regulations 2010 during the indictment period
  2. 2 Whether the trial judge erred in directing the jury on the law relating to exempt facilities and environmental permits
  3. 3 Whether the absence of a good character direction for Mustafa rendered his conviction unsafe

Ratio Decidendi

A facility ceases to be an 'exempt facility' immediately upon breach of any of the three requirements in paragraph 3(1) of Schedule 2 to the 2010 Regulations, regardless of registration status. The trial judge correctly directed the jury on this point. The absence of a good character direction for Mustafa was a tactical decision and does not affect the safety of the conviction.

Court Disposition

appeal dismissed; application refused

Orders

  • Mustafa’s appeal against conviction dismissed
  • Breslin’s applications for extension of time and leave to appeal refused