Wright, R. v (Ruling on Count 5) [2020] EW Misc 21 (CCrimC) (08 July 2020)

Wright, R. v (Ruling on Count 5) [2020] EW Misc 21 (CCrimC) (08 July 2020)

Section 38(1) of the Public Order Act 1986 does not require that contaminated goods be placed in a location within England and Wales for the offence of contamination to be made out; it is sufficient that the act of contamination occurred within the jurisdiction. Therefore, Count 5 is not defective and may proceed to trial.

Citation
[2020] EW Misc 21 (CCrimC)
Parties
Prosecution: The Queen; Defendant: Nigel Wright; Complainant: The Complainant (major national supermarket chain)
Jurisdiction
England and Wales
Judgment Date
08 July 2020
Procedural Posture
Criminal / Ruling on Application to Dismiss Count 5 Prior to Trial
Outcome
Application to dismiss Count 5 refused; Count 5 to proceed to trial.
Legal Topics
Blackmail, Contaminating Goods, Jurisdiction, Interpretation of Statutes
Criminal Law Public Order Blackmail Contaminating Goods Jurisdiction Interpretation of Statutes

Case Brief

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Parties

The Queen

Prosecution

Nigel Wright

Defendant

The Complainant (major national supermarket chain)

Complainant

Procedural Posture

Criminal / Ruling on Application to Dismiss Count 5 Prior to Trial

Legal Issues

  1. 1 Whether Count 5 (contaminating goods under s 38(1) Public Order Act 1986) is justiciable before the English court when the contaminated goods were placed in Scotland but allegedly contaminated in England
  2. 2 Whether s 38(1) requires the contaminated goods to be placed in a location within England and Wales for the offence to be made out
  3. 3 Whether the intention to cause alarm or economic loss outside England and Wales affects the justiciability of the offence

Ratio Decidendi

Section 38(1) of the Public Order Act 1986 does not require that contaminated goods be placed in a location within England and Wales for the offence of contamination to be made out; it is sufficient that the act of contamination occurred within the jurisdiction. Therefore, Count 5 is not defective and may proceed to trial.

Court Disposition

Application to dismiss Count 5 refused; Count 5 to proceed to trial.

Orders

  • Count 5 stands; defendant arraigned and pleaded not guilty; matter to proceed to trial.