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Trial court should not have directed acquittal of ‘manager’ for environmental offences alleged against body corporate
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Supreme Court: (a) dismisses appeal from Court of Appeal, and affirms determination that the Circuit Court had been wrong in law to direct the acquittal of a person charged with environmental offences committed by a body corporate, on the grounds that there had been sufficient evidence for a jury, properly charged, to conclude that the accused had been a "director, manager, secretary or other similar officer", and that the legislation was not so ambiguous as to necessitate being interpreted in the accused's favour; and (b) adjourns for further submission the question of whether to affirm the order for a retrial.
McKechnie J (nem diss): Acquittal of accused person by direction of trial judge - charges of offences under Waste Management Act 1996 - appeal by prosecution pursuant to section 23(3)(b) of the Criminal Procedure Act 2010 - whether trial court wrong in law to direct a verdict of not guilty - acquittal quashed by Court of Appeal, and retrial ordered - degree of responsibility required for a director or officer of a corporate body to be held responsible for offence committed by that body - correct interpretation of section9(1) of the 1996 Act - nine charges of causing environmental pollution - accumulation of waste in a manner likely to cause environmental pollution - indictment redrafted to reflect case against manager of company - nature of accused's role in the company - whether jury, properly charged, could conclude that accused was a "director, manager, secretary or other similar officer" of the company - distinction between secondary and derivative liability - whether impermissible uncertainty and vagueness in the law - definition of phrase "director, manager, secretary or other similar officer" - strict construction of penal statutes - involvement of different persons in the commission of the same crime - whether a person in a managerial of supervisory role could be prosecuted as principal - use of term 'manager' - principles of statutory interpretation - noscitur a sociis and ejusdem generis - context.
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