10.11.05
Barker Gillette Partner, John Perry has successfully completed the
representation of Mr G in the House of Lords. Mr G was originally convicted of
the offence of public nuisance in October 2002, which conviction was upheld by
the Court of Appeal. On 27 October 2005 the House of Lords quashed this
conviction and awarded Mr G his costs.
A few weeks after 9/11 Mr G, a
supplier of kosher foods, sent a cheque to a supplier and, as a joke, also put
some salt in the envelope. Whilst the post was being sorted at a London Sorting
Office some salt fell out of the envelope over the hand of a Post Office worker.
He was understandably concerned that this might be anthrax and the Sorting
Office was closed for some time. Following a Police investigation, Mr G was
charged with the offence of public nuisance.
In dealing with the appeal,
the House of Lords had to consider a number of issues. First, did Mr G's conduct
amount to "public nuisance"? Was the definition of this offence sufficiently
clear and certain to be compatible with Article 7 of the European Convention on
Human Rights? Was it fair for a Prosecutor still to charge this ancient common
law offence when there existed numerous tailor made modern statutes to catch the
conduct? It was also argued that the Prosecution had been brought against Mr G
under the old common law to avoid modern time limits on the Prosecution and
because the ancient offence of public nuisance had a limitless maximum
penalty
The House of Lords ruling will have a profound effect on future
Prosecutions as they held that Prosecutions for public nuisance should no longer
be brought under the old common law but should be prosecuted under the
appropriate modern statute as passed by Parliament.
For more information contact: John Perry on johnp@barkergillette.com
Department: Serious Fraud and Business Crime
