Reduction in fine for waste company
February 26, 2019
Stuart Jessop has successfully represented a waste company in its appeal against a sentenced imposed on it in respect of depositing waste without a permit. The fine originally imposed was reduced by 62%. Stuart argued that the court below had incorrectly categorised the offence as falling with the “deliberate” category for culpability under the sentencing guidelines for environmental offences. There was no evidence on which the court could infer the necessary mental state of mind for such a categorisation as the guidelines described such a culpability as being “intended”, “deliberate” or a “flagrant disregard”. All the court could legitimately do, it was argued, was infer that the company ought to have known rather than did actually know that the relevant exemption under the regulations did not apply to this level of waste deposits.