M Najib & Sons Ltd v Crown Prosecution Service

M Najib & Sons Ltd v Crown Prosecution Service

There was no provision in the Transmissible Spongiform Encephalopathies (England) Regulations 2010 imposing an obligation on slaughterhouse operators to assist inspectors in taking samples from sheep for TSE monitoring; therefore, failure to assist did not constitute a criminal offence under regulation 17(b), and the conviction was unsafe.

Parties
Appellant/defendant: M Najib & Sons Limited; Respondent/prosecutor: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
26 April 2018
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal allowed; conviction quashed
Legal Topics
Statutory Construction, Criminal Liability, Regulatory Enforcement, EU Law Compliance
Criminal Law Statutory Interpretation Regulatory Law Statutory Construction Criminal Liability Regulatory Enforcement EU Law Compliance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

M Najib & Sons Limited

Appellant/defendant

Crown Prosecution Service

Respondent/prosecutor

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the appellant was under a legal obligation to assist an inspector in taking samples for TSE monitoring under the Transmissible Spongiform Encephalopathies (England) Regulations 2010
  2. 2 Whether failure to assist constituted a criminal offence under regulation 17(b)
  3. 3 Whether the inspector had authority to require assistance

Ratio Decidendi

There was no provision in the Transmissible Spongiform Encephalopathies (England) Regulations 2010 imposing an obligation on slaughterhouse operators to assist inspectors in taking samples from sheep for TSE monitoring; therefore, failure to assist did not constitute a criminal offence under regulation 17(b), and the conviction was unsafe.

Court Disposition

appeal allowed; conviction quashed

Orders

  • conviction quashed