Parry v Forest of Dean District Council

Enforcement notice–Information charges breach of notice ‘since January 8 1972′ by use of land for storage of equipment–Equivalent to a charge of a breach every day since that date–Information bad for duplicity–Conviction quashed This was an appeal by Maurice Dudley Parry from his conviction by justices sitting at Newent, Gloucestershire, on November 19 1975 on an information laid by the respondents, the Forest of Dean District Council, alleging that since January 8 1972 he had used certain land at North Farm, Kilcot, Newent, for the storage of motor vehicles, trailers and123 equipment in contravention of an enforcement notice dated November 8 1971. B Galpin (instructed by Hewitt, Woolacott & Chown, agents for Leslie J Slade & Co, of Newent) appeared for the appellant, and R Evans (instructed by the solicitor to the council) represented the respondents. Giving judgment, LORD WIDGERY said that the appellant submitted that the respondents’ information was bad for duplicity in that it charged continuing offences. One had to look at the information, and on doing that one saw that it alleged that the appellant had since January 8 1972 used the land in contravention of the enforcement notice. It therefore alleged a breach every day since January 8 1972. That was a breach of the principle that informations must not be bad for duplicity, and the appeal should accordingly be allowed. FORBES and SLYNN JJ agreed, and the appeal was allowed with costs.