Minister for the Environment, Heritage and Local Government -v- Leneghan & Anor [2009] IEHC 226 (12 May 2009)

Minister for the Environment, Heritage and Local Government -v- Leneghan & Anor [2009] IEHC 226 (12 May 2009)

The offence under Regulation 4(3) of the 2005 Regulations is one of strict liability because the regulatory context, public interest in environmental protection, and practical enforcement difficulties rebut the presumption of mens rea.

Citation
[2009] IEHC 226
Parties
Prosecutor/appellant: The Minister for the Environment, Heritage and Local Government; Accused/respondent: Michael Joseph Leneghan; Accused/respondent: Patrick McHugh
Jurisdiction
Ireland
Judgment Date
12 May 2009
Procedural Posture
Appeal by Way of Case Stated / High Court Judgment on Case Stated
Outcome
Appeal allowed; District Judge's determination overturned
Legal Topics
Strict Liability, Mens Rea, Regulatory Offences, European Environmental Obligations
Criminal Law Environmental Law Administrative Law Strict Liability Mens Rea Regulatory Offences European Environmental Obligations

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Parties

The Minister for the Environment, Heritage and Local Government

Prosecutor/appellant

Michael Joseph Leneghan

Accused/respondent

Patrick McHugh

Accused/respondent

Procedural Posture

Appeal by Way of Case Stated / High Court Judgment on Case Stated

Legal Issues

  1. 1 Whether an offence under Regulation 4(3) of the European Communities (Conservation of Wild Birds)(Owenduff/Nephin SPA004098) Regulations 2005 is one of strict liability or requires proof of mens rea

Ratio Decidendi

The offence under Regulation 4(3) of the 2005 Regulations is one of strict liability because the regulatory context, public interest in environmental protection, and practical enforcement difficulties rebut the presumption of mens rea.

Court Disposition

Appeal allowed; District Judge's determination overturned

Orders

  • The offence under Regulation 4(3) of the 2005 Regulations is one of strict liability.
  • The question referred is answered in the negative; mens rea need not be proven.