lawindexpro: The defendants had been charged with offences relating to their intended trsnsporting of waste materials to Nigeria. They appealed, complaining that the judge had directed that the offence under regulation 23 was an offence of strict liability. Held: The appeals failed. Once a substance or object has been discarded (and has therefore become waste) the question whether it has changed its status is one of objective fact. However, the fact of which the jury must be sure (by regulation 23 applying Art 2 of the EC 2006 Regulation) is that the substance or object is one which the "holder discards or intends . . to discard".
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