Game shooting noise case concludes
Updated: Jun 14, 2019
The prosecution under Section 82 of the Environmental Protection Act 1990 has been brought by Dr O'Bryan-Tear, a resident of East Meon, Hampshire against Mr William Tyrwhitt-Drake of the Bereleigh Estate failed to achieve the evidence threshold required by the court. The full judgment can be now requested from the court, under reference M-00582235 from East Hampshire Magistrates Court. District Judge Callaway said " Mr Rogers and Mr Grant are difficult to reconcile".
Peter Rogers gave evidence underwent 4 days of cross examination as an acoustic expert in this case, and who's evidence supported to prosecution in this challenge to game shooting. The case has been picked up by the Telegraph and is reported at this link. The case demonstrates how difficult it is to prove nuisance to the criminal standard in court, and that although a noise may in itself be very disturbing when it occurs, that if it happens infrequently that this may be enough to undermine the argument, where counter evidence is being presented.