English
In this case, the plaintiffs are charged with offense of transporting waste and hazardous waste to a country which is not a member of the Organisation for Economic Co-operation and Development contrary to resolution 23 of the Transfrontier Shipment of Waste Regulations 2007 for shipping old televisions to Nigeria.
The plaintiffs have been sentenced to different penalties and prison times by the Crown Court. They sought appeal of the decision in front of the House of Lords and argued that they did not export any wastes but electrical materials discarded at a civil amenity site. The House of Lords considered that as long as those electrical items were destined for recovery, they could be considered to be waste and that the criminal offence of transporting hazardous waste to a country that is not a member of the Organisation for Economic Co-operation and Development is one of strict liability and is not ultra vires the EU parent Regulation or disproportionate. As a result, the House of Lords dismissed the appeal and upheld the judgement of the Crown Court.