Crime Law Essay Online For Free

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The approach within this assignment will firstly review the failings of both Fred Churchill (Contractors) Ltd for the unlawful depositing of waste around the city of Nottingham together with the incident which relates to Brockwell and the pollution of the river Trent. Both cases will be reviewed as under s85 of the Water Resources Act 1991 (the Act). Finally a review of mitigation circumstances with a review of sentences may be appropriate in respect of any guilty parties who could be convicted.

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Section 85 of the Act identifies the fact that every person not to cause or knowingly permit polluting substances1 to enter in to a controlled Water. This source is a statutory obligation and is not found in the law of tort. If a company permits an operation on his land which could give rise to pollution then a risk assessment must be completed in order not to fall foul of s85 of the Act2. Section 85 relates to the keeping of streams free from pollution for the benefit of mankind including flora and fauna. Most significant acts of pollution will arise out of agricultural, commercial or industrial activities. 1 This terminology is not identified with the 1991 Act, for terminologies relating to ‘poisonous’ ‘noxious’ and ‘polluting’ in relation to s85 these may be located within National Rivers Authority v. Biffa Waste Services Ltd [1996] Env LR 227 DC and R v. Dovermoss [1995] Env LR 258 CA (Crim Div). 2 Express Ltd v. Environment Agency [2005] 1 WLR 223 at [24] DC The damage caused by such pollution may take years to repair and often costs for the clean up process that can run in to millions of pounds. The act of pollution may or may not be a result of negligence and can be caused by a person such as a workman, fitter in a fairly low position of the company. Brockwell is similar to the case of Empress Car Co (Abertillery) Ltd v. National Rivers Authority [1998]2a, as within Empress, the first point to emphasise is that common sense answers to questions of causation will differ according to the purpose for which the question is asked. Questions of causation often arise for the purpose of attributing responsibility to someone, for example, so as to blame him / her for something which has happened or to make him / her guilty of an offence or liable in damages. In such cases, the answer will depend upon the rule by which the responsibility is being attributed. Since Empress, s85 cases that have come before the Court of Appeal have involved other issues rather than the causing offence, some cases have been brought to the Court of Appeal in relation to the level of fine imposed and who was actually criminally liable for the s85 breach.

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