Cases - R v Browning
Record details
- Name
- R v Browning
- Date
- [1996]
- Citation
- 1 PLR 61
- Legislation
- Keywords
- Planning control - Criminal Justice Act 1991 - Criminal Justice Act 2003
- Summary
-
Without planning permission the defendant erected an outbuilding for stabling his horses at a cost of £80,000. The judge in the Crown Court imposed a fine of £25,000, on the basis that the value of the property had been enhanced by the amount of the outlay.
The Court of Appeal held that the judge had erred in not taking account of the defendant's ability to pay (required by the Criminal Justice Act 1991, now the Criminal Justice Act 2003). Furthermore, no substantial gain was likely to be achieved provided that planning control was duly enforced and the building demolished. In addition, the judge did not have regard to the expenditure involved in erecting the building. While allowing for the defendant's financial difficulties, a substantial penalty had to be imposed in view of the flagrant breach. The Court of Appeal substituted a fine of £1,000.