PD & EB, R. v (Iraq Sanctions) [2011] EWCA Crim 2082 (08 September 2011)

PD & EB, R. v (Iraq Sanctions) [2011] EWCA Crim 2082 (08 September 2011)

There was insufficient evidence of a drafting error or clear intention to continue the offence under Article 5 of the Iraq Order 2003 after 1 May 2004, and the court could not rectify the absence of a definition of 'restricted goods' by interpretation. Furthermore, UN Security Council Resolution 1546 had the effect of partially cancelling the prohibition in Resolution 1483, so Article 1(2) of the Order operated to permit supply of arms to the Interim Government of Iraq without a licence.

Citation
[2011] EWCA Crim 2082
Parties
Respondent: Regina; Appellant: PD; Appellant: EB
Jurisdiction
England and Wales
Judgment Date
08 September 2011
Procedural Posture
Criminal Appeal / Appeal From Preparatory Hearing Rulings
Outcome
appeal dismissed on first issue, appeal allowed on second issue
Legal Topics
Implementation of UN Security Council Resolutions, Subordinate Legislation, Statutory Interpretation, Strict Liability Offences, Export Control, Arms Embargo
Criminal Law Public International Law Statutory Interpretation Implementation of UN Security Council Resolutions Subordinate Legislation Strict Liability Offences Export Control Arms Embargo

Case Brief

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Parties

Regina

Respondent

PD

Appellant

EB

Appellant

Procedural Posture

Criminal Appeal / Appeal From Preparatory Hearing Rulings

Legal Issues

  1. 1 Whether a court can correct an obvious drafting error in subordinate legislation by statutory interpretation principles
  2. 2 Whether UN Security Council Resolution 1546 modified the scope of the Iraq (United Nations Sanctions) Order 2003 so as to permit supply of arms to the Interim Government of Iraq without a licence

Ratio Decidendi

There was insufficient evidence of a drafting error or clear intention to continue the offence under Article 5 of the Iraq Order 2003 after 1 May 2004, and the court could not rectify the absence of a definition of 'restricted goods' by interpretation. Furthermore, UN Security Council Resolution 1546 had the effect of partially cancelling the prohibition in Resolution 1483, so Article 1(2) of the Order operated to permit supply of arms to the Interim Government of Iraq without a licence.

Court Disposition

appeal dismissed on first issue, appeal allowed on second issue

Orders

  • indictment quashed
  • leave granted to Crown to appeal