Cases - R v Jenner

Record details

Name

R v Jenner

Date

[1983]

Citation

2 AII ER 46

Keywords

Non-compliance with a stop notice

Summary

This case is about a prosecution for non-compliance with a stop notice. At the time the case was brought, a stop notice could not prohibit a use that had commenced more than 12 months previously. (This period was later extended to 4 years by the 1991 legislation.)

The defendant was prosecuted for failing to comply with a stop notice. He wished to defend himself by establishing that the activities complained of had been commenced more than 12 months before the service of the notice. The trial judge ruled that the stop notice could not be challenged except by way of judicial review and the defendant was convicted.

The Court of Appeal quashed his conviction. The Court observed that judicial review is not suited to resolving issues of fact. The defendant would be liable to criminal penalty and could not defend himself other than by seeking to quash the notice. The defendant was therefore entitled to attempt to establish that he was not prohibited from carrying on his activities by the terms of the prohibition on the face of the stop notice.