ABSTRACT
The defence of lawful excuse was not available as the badgers were not property, as defi ned in s 10 of the Act, at the time the traps were destroyed. They had not been reduced into possession since they had not yet been caught. The court also held that the badgers did not belong to D or to another as required by the defence in s 5(2). They were not in the custody or control of DEFRA or anyone else.
