Public Nuisance

Question 1

Establish the crime

Answer 1

It must:

• affect a considerable amount of people
• such that there is the suffering of a common injury.

=> R v Rimmington (sending out racially offensive letters to select members of the public)

Question 2

In practice

Answer 2

• Obstruction of the highway
• Private nuisance on a grand scale
• Miscellaneous mischief

Question 3

Fault

Answer 3

D must intent or know there is a “real risk” involved.

=> R v Goldstein (salt in post office)

Question 4

Tortious remedy

Answer 4

If D suffers a “special damage”

=> Tate v Lyle (P caused obstruction of public right of navigation along the river. C suffered special damage in the form of £540 000 to repair his jetty. C could recover in tort).