Marzan v RSPCA [2016] EWHC 993 (Admin) (01 March 2016)

Marzan v RSPCA [2016] EWHC 993 (Admin) (01 March 2016)

The Crown Court applied the correct legal test and there was evidence capable of supporting the conclusion that the officer genuinely and reasonably believed entry was necessary to prevent serious damage to property; therefore, the entry was lawful and the appeal must be dismissed.

Citation
[2016] EWHC 993 (Admin)
Parties
Claimant: Marzan; Defendant: RSPCA
Jurisdiction
England and Wales
Judgment Date
01 March 2016
Procedural Posture
Appeal by Case Stated (administrative Court) / Judgment on Appeal From Crown Court Decision
Outcome
Appeal dismissed
Legal Topics
Unlawful Entry, Admissibility of Evidence, Police Powers, Animal Welfare, Appeal by Case Stated
Criminal Law Administrative Law Unlawful Entry Admissibility of Evidence Police Powers Animal Welfare Appeal by Case Stated

Case Brief

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Parties

Marzan

Claimant

RSPCA

Defendant

Procedural Posture

Appeal by Case Stated (administrative Court) / Judgment on Appeal From Crown Court Decision

Legal Issues

  1. 1 Whether police entry under section 17(1)(e) of the Police and Criminal Evidence Act 1984 was unlawful
  2. 2 Whether evidence obtained from the entry was inadmissible
  3. 3 Whether the police officer genuinely and reasonably believed entry was necessary to prevent serious damage to property (dogs)

Ratio Decidendi

The Crown Court applied the correct legal test and there was evidence capable of supporting the conclusion that the officer genuinely and reasonably believed entry was necessary to prevent serious damage to property; therefore, the entry was lawful and the appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appellants to attend Bradford Crown Court on 30th March for sentencing
  • Respondent's costs to be paid from Central Funds under section 17 of the Prosecution of Offences Act